TERMS AND CONDITIONS
with its registered office at Pohořelec 140/15, Hradčany, 118 00 Praha 1
identification number: 045 29 154
registered in the Commercial Register kept under the file
C 249186 filed at the Municipal Court in Prague
for the sale of goods through an e-shop located at:
1. INTRODUCTORY PROVISIONS
1.1. These business terms and conditions of Aurosa s.r.o (hereinafter referred to as
"Business Terms") with its registered office at Pohořelec 140/15, Hradčany, 118 00
Praha 1; identification number (IČO): 045 29 154; registered in business
Registry of the Municipal Court in Prague, Section C, File 249186 (hereinafter referred to as "
only the "seller") govern the mutual rights and obligations of the parties
arising out of or in connection with a Purchase Agreement (hereinafter referred to as "
contract ") concluded between the seller and another natural person (hereinafter referred to as"
"Buyer") via the seller's internet store.
The online store is operated by the seller on a website
located at https://aurosafr.myshopify.com (hereafter
"Website"), through the Web site interface (hereinafter referred to as "Website")
"Web interface of business")
1.2. Business terms do not apply to cases where a person who has
the intention to buy the goods from the seller is a legal person or person,
who acts when ordering goods in the course of his business or
as part of their independent profession.
1.3. Provisions derogating from business terms may be negotiated in the purchase order
contract. Distinctive arrangements in the sales contract take precedence over
the terms of business terms.
1.4. Business terms and conditions are an integral part of the sales contract.
The Purchase Agreement and the Business Terms and Conditions are prepared in the Czech language.
The purchase contract can be concluded in the Czech language.
1.5. The seller may change or add the wording of the business terms. By this
the provisions are without prejudice to rights and obligations arising during their term of office
the previous business terms.
1.6. Sending the order and then confirming it on the web interface
the buyer confirms that he has become acquainted with these terms and conditions
2. USER ACCOUNT
2.1. Based on the buyer's registration made on the web site, it can
buyers access their user interface. From yours
the user interface can be used by the buyer to order goods (hereinafter referred to as "
"user account"). Buyer can also order goods without
registration directly from the store's web interface.
2.2. When registering on a website and when ordering goods, the buyer is obligated
to present all data correctly and truthfully. The data listed in the user
the buyer is obliged to update any changes to the account. Data
specified buyers in the user account and when ordering the goods are
the seller is considered correct.
2.3. Access to the user account is secured by user name and password.
Buyer is required to maintain confidentiality regarding the necessary information
to access his user account.
2.4. Buyer is not authorized to allow third party use of the User account
persons. If the buyer leaves a third party account to a third party
the seller is not responsible for misuse
third-party user account.
2.5. The seller may cancel the user account, especially when
the buyer does not use his user account for more than 6 months,
when the Buyer violates his obligations under the Purchase Agreement (including business
2.6. The buyer notes that the user account may not be available
uninterrupted, especially with regard to the necessary hardware and hardware maintenance
of the seller's software, or necessary hardware and hardware maintenance
3. CLOSING OF THE BUILDING AGREEMENT
3.1. All presentations of goods located in the web interface of the store are
informative character and the seller is not obliged to conclude a purchase contract
regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall apply
Does not apply.
3.2. The store's web interface contains information about the merchandise, including the introduction
the prices of individual goods and the cost of returning the goods, if these goods are
it can not be returned by its usual postal route. Product prices
are included including value added tax and all related fees.
Product prices remain valid for as long as they are displayed in
web interface of the store. This provision is not limited
seller to enter into a purchase agreement for individually negotiated terms.
3.3. The store's web interface also includes cost-related information
with packaging and delivery of goods. Information on the cost of packaging
and delivery of the goods listed in the web interface of the store is only valid
in cases where the goods are delivered within the territory of the Czech Republic and
3.4. To order the goods, the buyer will fill out the order form on the web
business interface. The order form contains, in particular, information about:
3.4.1. ordered goods (ordered goods "inserted" by the buyer into
electronic shopping cart web interface
3.4.2. the method of payment of the purchase price of the goods, details of the required method
delivery of ordered goods and
3.4.3. information on the costs associated with the supply of the goods (collectively
3.5. Before sending the order to the seller, the buyer is allowed
check and modify the data that the buyer has placed in the order, including
with respect to the buyer 's ability to detect and correct errors occurring during
entering data into the order. The order will be sent by the buyer to the seller
by clicking the "Finish order" button. The details given in the order
the seller is considered correct. Seller immediately after
receipt of the order will confirm the receipt to the buyer by electronic receipt
by post, to the email address of the buyer mentioned
in a user account or in an order (hereinafter referred to as "the electronic address
3.6. The seller is always entitled depending on the nature of the order
(quantity of goods, purchase price, estimated transport costs)
ask the buyer for an additional order confirmation (for example,
3.7. The contractual relationship between the seller and the buyer arises from receipt of the receipt
orders (acceptances) sent to the buyer by the seller
by e-mail, to the buyer's e-mail address.
3.8. Buyer agrees to use remote means of communication at
concluding a purchase contract. Costs incurred by the buyer in use
distance means of communication in connection with the closure of the purchase
contract (cost of internet connection, telephone call costs)
the buyer pays himself, these costs not being different from the basic rate.
3.9. In the event that any of the requirements specified in the Order can not
the seller will meet, will send the Buyer to the Buyer's Electronic Address
an amended offer, indicating possible variants of the Order and requesting it
3.10. The amended offer is considered as a new draft Purchase Agreement and Purchase
the contract is concluded in this case only after the receipt of the Buyer's receipt
to the Seller's email address.
3.11. In the event of an obvious technical error on the part of the Seller at
placing the price of the goods in the Web interface of the store or in the course
ordering, the Seller is not obliged to deliver the goods to the Buyer for this
obviously wrong price even if the Buyer was sent
confirmation of receipt of the Order in accordance with these Terms and Conditions.
Seller alerts the Buyer if the price listed for the Goods in the Web
the interface of the store or during the order is no longer up to date. If
Buyer disagrees with the price increase, Seller reserves the right
to withdraw from the Purchase Agreement.
3.12. Orders that have not been confirmed by e-mail can be canceled. If it is
Buyer will want to cancel the Order after the confirmation e-mail will be
necessary to withdraw from the Purchase Contract and proceed according to Article 5 of the Commercial Code
Terms and Conditions.
3.13. Buyer agrees to use remote means of communication at
closing the Purchase Agreement. Costs incurred by the Buyer in use
communication means at a distance in connection with the closing of the Purchase
contract (cost of internet connection, telephone call costs)
the Buyer pays himself, these costs not being different from the basic rate.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract
the buyer may pay the seller in the following ways:
cash in cash at the place specified by the buyer in the order;
via the GoPay payment system.
4.2. Together with the purchase price, the buyer is also required to pay the seller
costs associated with the packaging and delivery of the goods at the agreed rate. If not
otherwise stated, the purchase price and the associated costs are further understood
with the delivery of goods.
4.3. The seller does not ask the buyer for a deposit or other similar payment.
This is without prejudice to the provisions of Article 4.5. business terms and conditions
the obligation to pay the purchase price in advance.
4.4. In the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cash on delivery when the goods are received from the carrier, the operator
reserves the right to add the cost of cash on delivery to the order price
according to the current pricelist of the carrier.
When you choose to make a payment through GoPay, the buyer will complete the order
redirected to a third-party server where it will be prompted to sign in to yours
GoPay account. After verifying the validity and sufficient balance on the GoPay account
the order will be confirmed and the purchase price deducted from GoPay's buyer's account.
4.5. Seller is entitled, especially if the buyer does not
for additional confirmation of the order (Article 3.6), request full reimbursement
of the purchase price before the goods are dispatched to the buyer. The provisions of Section 2119, 1 of the Civil Code does not apply.
4.6. Any discounts on the price of the goods provided by the seller to the buyer can not be made combine each other.
4.7. Working day means all days excluding Saturdays, Sundays, state days
holidays and other holidays according to Act No. 245/2000 Coll., on public holidays, o
other holidays, important days and days of rest in
wording of later regulations.
4.8. Goods that are in stock, the Seller will ship in the case of cash on delivery
usually on the second business day after receipt of the Order. At
non - cash payment selling goods on stock usually dispatches during
the next business day after the respective amount has been credited to the bank
4.9. The vendor may issue different discount coupons, indicating the code that is
may be used by the person other than the buyer at the seller. Financial Amount
amounts as well as validity is always written in writing on a specific one
discount coupon or advertising. Discount coupons, and therefore codes, can not be reciprocal
combine or use at the same time.
4.10. The Seller shall issue the payments made under the Purchase Agreement
Buyer's tax document - invoice. the seller is the taxpayer added
values. Tax document - the invoice is issued by the seller to the buyer after
payment of the price of the goods and send it in electronic form to the electronic one
the address of the Buyer or the Goods at the same time.
4.11. Under the Sales Records Act, the seller is obliged to expose the buyer
receipt. At the same time it is obliged to register the received revenue with the tax administrator
online; in the event of a technical failure, within 48 hours at the latest.
5. WITHDRAWAL FROM THE BUYER'S CONTRACT
5.1. The Buyer notes that under Section 1837 of the Civil Code,
can not, inter alia, withdraw from the purchase contract for the supply of goods which was
adjusted according to the buyer's wish or for his person, from the purchase contract
the delivery of perishable goods as well as the goods that were after
delivery is irreversibly mixed with other goods, from the delivery contract
goods in closed packaging that the consumer has removed from the packaging and hygienic
reasons can not be returned.
5.2. If the case is not referred to in Article 5.1 of the Terms of Business or another
where the buyer can not withdraw from the sales contract, the buyer complies with
by the provision of Section 1829 (1) of the Civil Code the law of the purchase contract
to withdraw within 14 (fourteen) days of the receipt of the goods, where, in the event that
the subject of a sales contract is several kinds of goods or the delivery of several
this period runs from the date of the last delivery of the goods. Cession
the sales contract must be sent to the seller within the specified period
in the previous sentence. Withdrawal from the sales contract may be made by the buyer outside other to the address of the seller's office or to the email address Seller: email@example.com.
5.3. In case of withdrawal from the purchase contract according to Article 5.2 of the Commercial Terms, the purchase agreement is canceled from the outset. Goods must be returned to the seller fourteen (14) days from the termination of the contract to the seller. Goods must be returned in its original, undamaged state. If the buyer withdraws from the purchase the buyer bears the costs associated with the return of the goods to the seller,
even in the case where the goods can not be returned due to their nature the usual postal route.
5.4. In the event of termination under Article 5.2 of the Commercial Terms, it will return
seller of funds received from the buyer within fourteen (14) days of
withdrawal from the buyer's contract in the same manner as it is
seller has received from the buyer. Seller is also entitled to return performance
provided by the buyer when the goods are returned
5.5. The Seller is entitled to the right to compensation for damage to the goods
unilaterally offset against the buyer's claim for a refund of the purchase price.
5.6. In cases where the buyer complies with Section 1829 (1)
Civil Code right to withdraw from the sales contract, the seller is also
authorized to withdraw from the sales contract at any time until the take-over
goods to buyers. In this case, the seller will return the purchase to the buyer
the price without undue delay, without charge, to the account specified by the buyer.
5.7. If a gift is given to the buyer together with the goods, there is a gift agreement
between the seller and the buyer, with the provisioning condition that
if the buyer withdraws from the purchase contract, the gift goes away
a treaty regarding such a gift of efficiency and the buyer is obliged together with
merchandise to the seller to return the provided gift.
6. TRANSPORT AND SUPPLY OF GOODS
6.1. If the mode of transport is agreed on a special request
purchaser, the buyer bears the risk and any additional costs involved
with this mode of transport.
6.2. If the seller is required to deliver the goods to the designated place under the sales contract purchasers in the order, the buyer is obliged to take over the goods upon delivery.
6.3. If it is necessary for the buyer to deliver the goods
repeatedly or in any other way than specified in the order is
buyer is obliged to pay the costs of repeated delivery
goods, respectively. costs associated with another delivery method.
6.4. When picking up goods from the carrier, the buyer is required to check
the integrity of the packaging of the goods and, in the case of any defects, this immediately
notify the carrier. In the event of a violation of the packaging showing evidence of
unauthorized intrusion into the shipment, the buyer does not have the shipment from the carrier Assume.
6.5. Other parties' rights and obligations in the carriage of goods may be special
Seller's delivery terms when issued to the seller.
7. RIGHTS OF FAULT FULFILLMENT
7.1. The rights and obligations of the parties regarding defective performance rights are governed by the relevant generally binding legal regulations (in particular the provisions
§ 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and
by Act No. 634/1992 Coll., on Consumer Protection, as amended
7.2. The seller is responsible to the buyer for the goods to be free from defects. Especially
the seller is liable to the buyer that at the time the buyer took over the goods:
7.2.1. the goods have properties that the parties have negotiated and, if there is no agreement, they have such properties as the seller or manufacturer has described or which
the buyer expected in view of the nature of the goods and their advertising Performed,
7.2.2. the goods fit the purpose for which the seller states or uses it
to which goods of this type are normally used,
7.2.3. the goods correspond to the quality or performance of the agreed sample, or
if the quality or performance has been determined according to the agreed sample
7.2.4. the goods are in the appropriate quantity, degree or weight and
7.2.5. goods comply with legal requirements.
7.3. The provisions of Article 7.2 of the Business Terms and Conditions do not apply to goods
sold at a lower price for a defect for which the lower price was agreed, at
wear and tear of goods caused by its usual use, for used goods on
a defect corresponding to the degree of use or wear and tear of the goods
takeover by buyers, or if it results from the nature of the goods.
7.4. If there is a defect within six months of the takeover, the goods are considered to be
was defective already at takeover. The buyer is entitled to exercise the right to defect, which
occurs in consumer goods within twenty-four months of receipt.
7.5. Rights to defective performance are claimed by the buyer at the seller's address
an establishment in which the receipt of a claim is possible with regard to the product range
of the goods sold, possibly also in the registered office or place of business.
7.6. Other rights and obligations of the parties related to Seller 's liability for
defects can modify the seller's claim rules.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING 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 (1) e) the Civil Code.
8.3. Out-of-court settlement of consumer disputes in the purchase contract is
the relevant Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00
Prague 2, ID: 000 20 869, Internet address: http://www.coi.cz.
8.4. Seller is authorized to sell goods on a trades basis
authorization. The trade inspection is carried out within its scope of competence
the relevant trade licensing office. Surveillance of privacy
is carried out by the Office for Personal Data Protection. the Czech trade inspection
performs, inter alia, supervision over compliance in a limited range
of Act No. 634/1992 Coll., on Consumer Protection, as amended
8.5. The buyer hereby takes on the risk of changing circumstances in the sense of § 1765
paragraph 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. Privacy is dealt with in a separate document titled
10.1. The buyer may be delivered to the buyer's electronic address.
11. FINAL PROVISIONS
11.1. If a relationship based on a sales contract contains international (foreign)
element, then the parties agree that the relationship is governed by Czech law. They are not
the consumer's rights resulting from generally binding legal regulations
11.2. If any provision of the Terms of Business is invalid or ineffective,
or, as such, instead of invalid clauses,
whose purpose is as close as possible to the invalid provision. Invalid
or the ineffectiveness of one provision does not affect the validity of others
11.3. The Purchase Contract, including the Business Terms and Conditions, is archived by the Seller
in electronic form and not accessible.
11.4. The Business Terms Attachment forms a sample form for resignation from
11.5. Seller's contact details: delivery address Pohořelec 140/15,
Prague 11800, Czech Republic, e-mail address: firstname.lastname@example.org,
phone: +420 608 344 800.
Prague, 25 April 2018
Mgr. Martina Šmírová, MBA