Terms of trade

Expan s.r.o.

with its registered office at Janov 11, 56955 Janov u Litomyšle

Identification number: 27551466

Registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, Insert 25562

for the sale of goods through an online shop located at www.profinox.cz

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of the company Expan s.r.o., with its registered office at Janov 11, 56955 Janov u Litomyšle, identification number: 27551466, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, Insert 25562 (hereinafter referred to as the "Seller") govern in accordance with the provisions of Section 1751 par. 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The Online Shop is operated by the Seller on the website located at the internet address www.profinox.cz (hereinafter referred to as the "Website") through the website interface (hereinafter referred to as the "Website Interface of the Store").

1.2. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of his business activity or in the course of his independent profession.

1.3. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Contract. Divergent provisions in the purchase contract take precedence over the provisions of the Terms and Conditions.

1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

1.5. The wording of the Terms and Conditions may be changed or supplemented by the Seller. This provision is without prejudice to the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.

2. USER ACCOUNT

2.1. Based on the Buyer's registration on the Website, the Buyer can access its user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the "User Account"). If the store's web interface allows it, the buyer can also order goods without registration directly from the store's web interface.

2.2. When registering on the Website and ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the data provided in the user account in the event of any changes. The data provided by the Buyer in the user account and when ordering the goods are considered correct by the Seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

2.4. The Buyer is not entitled to allow third parties to use the User Account.

2.5. The Seller may cancel the user account, especially if the buyer does not use his user account for more than one year, or if the buyer breaches his obligations under the purchase contract (including the terms and conditions).

2.6. 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, or the necessary maintenance of the hardware and software equipment of third parties.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. All presentation of goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of § 1732 par. 2 of the Civil Code does not apply.

3.2. The web interface of the shop contains information about the goods, including the prices of individual goods and the cost of returning the goods, if these goods cannot be returned by the usual postal route. Prices of goods include value added tax and all related fees. The prices of goods remain valid for the time they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.

3.3. The web interface of the store also contains information about the costs associated with the packaging and delivery of goods. Information on costs associated with the packaging and delivery of goods stated in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech or Slovak Republic.

3.4. To order goods, the buyer fills in the order form in the store's web interface. In particular, the order form contains information on:

3.4.1. ordered goods (ordered goods are "inserted" by the buyer into the electronic shopping cart of the store's web interface),

3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods, and

3.4.3. information on the costs associated with the delivery of goods (hereinafter jointly referred to as the "Order")

3.5. Before sending the order to the Seller, the Buyer is allowed to check and change the data entered into the order by the Buyer, also with regard to the Buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "COMPLETE ORDER" button. The information provided in the order is considered correct by the seller. Immediately upon receipt of the Order, the Seller shall confirm the receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the User Account or in the Order (hereinafter referred to as the "Buyer's e-mail address").

3.6. Depending on the nature of the order (quantity of goods, amount of purchase price, estimated transport costs), the Seller is always entitled to ask the Buyer for an additional confirmation of the order (e.g. in writing or by phone).

3.7. The contractual relationship between the Seller and the Buyer is established by delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.

3.8. The Buyer agrees to the use of distance communication means when concluding the Purchase Contract. The costs incurred by the buyer when using the means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller in the following ways:

• in cash at the seller's premises at T.G. Masaryka 536, 57001 Litomyšl;
• cash on delivery at the place specified by the buyer in the order;
• by wire transfer to the Seller's account No. 189328973/0600, maintained with Moneta (hereinafter referred to as the "Seller's Account");
• cashless via the PayPal payment system;
• cashless by credit card;
• through a loan granted by a third party.

4.2. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4.3. The Seller does not require an advance payment or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within three days of the conclusion of the purchase contract.

4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.

4.6. The Seller is entitled, especially if the Buyer does not confirm the order (Article 3.6), to demand payment of the full purchase price before the goods are sent to the Buyer. The provisions of § 2119 par. 1 of the Civil Code does not apply.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.

4.8. If it is customary in the course of business or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – invoice – to the Buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. Tax document – the invoice is issued by the seller to the buyer after the payment of the price of the goods and sent in electronic form to the buyer's electronic address.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a purchase contract for the supply of goods that have been modified according to the buyer's wishes or for the buyer, from a purchase contract for the supply of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery, from a purchase contract for the delivery of goods in closed packaging, which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from the purchase contract for the supply of an audio or video recording or a computer program, if he has broken their original packaging.

5.2. Unless it is a case specified in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829 (2) of the Purchase Agreement. 1 of the Civil Code, the right to withdraw from the purchase contract within fourteen (14) days from the receipt of the goods, whereas if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the model form provided by the seller, which forms an annex to the terms and conditions. Withdrawal from the purchase contract may be sent by the buyer to, among other things, the address of the seller's business or to the e-mail address of the seller info@expan-profiles.com.

5.3. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the seller within fourteen (14) days of the withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.

5.4. In the event of withdrawal from the Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Agreement, in the same manner in which the Seller received them from the Buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned to the buyer or in another way, if the buyer agrees with it and the buyer does not incur any additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to the buyer or proves that the goods were sent to the seller.

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

5.6. In cases where the buyer has the right to do so in accordance with the provisions of Section 1829 par. 1 of the Civil Code, the right to withdraw from the purchase contract, the seller is also entitled to withdraw from the purchase contract at any time, until the buyer takes over the goods. In such a case, the seller will return the purchase price to the buyer without undue delay, by wire transfer to the account designated by the buyer.

5.7. If a gift is provided to the Buyer together with the goods, the donation agreement between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the donation agreement regarding such a gift ceases to be effective and the Buyer is obliged to return the Gift to the Seller together with the goods.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. In the event that the mode of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.

6.2. If the Seller is obliged under the Purchase Contract 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.

6.3. In the event that the goods need to be delivered repeatedly or in a different way than specified in the order due to reasons on the part of the Buyer, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.

6.4. 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, to immediately notify the carrier. If a breach of the packaging is found indicating unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.

6.5. Other rights and obligations of the parties in the transport of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the Contracting Parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The Seller is responsible to the Buyer that the goods are free of defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer has received the goods:

7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have such characteristics as the seller or manufacturer has described or which the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,

7.2.2. the goods are suitable for the purpose specified by the seller for their use or for which the goods of this type are usually used,

7.2.3. the quality or performance of the goods corresponds to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,

7.2.4. the goods are in an appropriate quantity, measure or weight, and

7.2.5. The goods comply with the requirements of legal regulations.

7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of goods caused by their usual use, to a defect corresponding to the degree of use or wear and tear of the goods when received by the buyer, or if it results from the nature of the goods.

7.4. If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within twenty-four months of receipt.

7.5. The Buyer shall exercise the rights arising from defective performance with the Seller at the address of his establishment, where it is possible to receive the complaint with regard to the assortment of goods sold, or at the registered office or place of business.

7.6. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaint Procedure.

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(2) of the Civil Code. 1 lit. e) of the Civil Code.

8.3. Consumer complaints are handled by the Seller via the electronic address info@expan-profiles.com. The seller will send information about the settlement of the buyer's complaint to the buyer's electronic address.

8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, Internet address: http://www.coi.cz/, is competent to settle consumer disputes arising from a purchase contract out of court. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr/ can be used to resolve disputes between the seller and the buyer under the purchase contract.

8.5. European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz/ is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

8.6. The Seller is entitled to sell goods on the basis of a trade licence. Trade inspections are carried out by the relevant Trade Licensing Office within its competence. Supervision of personal data protection is carried out by the Office for Personal Data Protection. To a defined extent, the Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765 (1) of the Civil Code. 2 of the Civil Code.

9. PROTECTION OF PERSONAL DATA

9.1. The protection of the personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

9.2. The Buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address and telephone number (hereinafter referred to collectively as "personal data").

9.3. The Buyer agrees with the processing of personal data by the Seller for the purposes of exercising the rights and obligations arising from the purchase contract and for the purposes of maintaining the user account. Unless the buyer chooses another option, the buyer agrees with the processing of personal data by the seller also for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety pursuant to this article is not a condition that would in itself make it impossible to conclude a purchase contract.

9.4. The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when ordering from the web interface of the Store) correctly and truthfully and that he is obliged to inform the Seller of any change in his personal data without undue delay.

9.5. The Seller may authorize a third party to process the Buyer's personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.

9.6. Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

9.7. The Buyer confirms that the personal data provided is accurate and that he/she has been instructed that the provision of personal data is voluntary.

9.8. In the event that the Buyer believes that the Seller or the processor (Article 9.5) is processing his/her personal data in violation of the protection of the Buyer's private and personal life or in violation of the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, the Buyer may:

9.8.1. ask the Seller or Processor for an explanation;

9.8.2. require the Seller or Processor to remedy such a situation.

9.9. If the Buyer asks for information about the processing of his/her personal data, the Seller is obliged to provide this information to the Buyer. The Seller has the right to demand a reasonable payment for the provision of information pursuant to the previous sentence not exceeding the costs necessary for the provision of the information.

10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

10.1. The Buyer agrees with the sending of information related to the goods, services or business of the Seller to the Buyer's electronic address and also agrees with the sending of commercial communications by the Seller to the Buyer's electronic address.

10.2. The Buyer agrees with the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and to fulfil the seller's obligations under the purchase contract without storing so-called cookies on the buyer's computer, the buyer may withdraw the consent according to the previous sentence at any time.

11. DELIVERY

11.1. Delivery to the Buyer may be made to the Buyer's electronic address.

12. FINAL PROVISIONS

12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer's rights arising from generally binding legal regulations.

12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes invalid, the invalid provision shall be replaced by a provision the meaning of which is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.4. An appendix to the Terms and Conditions is a model form for withdrawal from the purchase contract.

12.5. Contact details of the Seller: T.G Masaryka 536, 57001 Litomyšl, e-mail address info@expan-profiles.com, telephone 463 035 466.

Genoa, 07.07.2020

 

Sample form

Withdrawal from the Purchase Contract

Model withdrawal form
According to Art. Sec. 1820. 1 lit. f) Civil Code within the meaning of Government Regulation No. 363/2013 Coll.

Notice of withdrawal

Addressee:

Expan s.r.o.
Janov 11, 56955 Janov u Litomyšle
Email: info@profinox.cz

I hereby give notice that I hereby withdraw from the contract for the purchase of the following goods:

Product Name: ..............................................................

Order date: ..............................................................

Invoice number: ..............................................................

Return the payment to your account: ..............................................................

Name and surname: ..............................................................

Delivery address: ..............................................................

 

In............................... of the day...............................

..............................................................
Signature
(In case of sending in printed form)