Terms and Conditions

THE TERMS AND CONDITIONS

 

The Terms and Conditions valid for the goods sale via the online shop at the website www.spa-components.com and www.spa-components.cz

Company SPA Studio Factory s.r.o., Co. Reg. No.: 24187593, VAT Reg. No.: CZ24187593, registered in the Commercial Register with the Municipal Court in Prague, Section B, File No. 186847.

1. PREAMBLE

1.1. These terms and conditions (hereinafter „terms and conditions, T´s and C´s“) of the online shop at the address web site www.spa-components.com and www.spa-components.cz (hereinafter „seller, supplier, operator“) specify mutual rights and commitments of the contract parties based on a sales agreement (hereinafter „sales agreement“) /licensed agreement (hereinafter „licensed agreement“) closed between a seller and other natural or artificial person (hereinafter „buyer, consumer or entrepreneur“) via the online shops of the seller. The online shop is operated at the address www.spa-components.com and www.spa-components.cz, and so through a webpage interface (hereinafter „webpage interface“).

1.2. Terms and Conditions further specify rights and commitments of both parties for webpage www.spa-components.com and www.spa-components.cz usage (hereinafter „webpage“) and other related legal relations.

1.3. Articles not specified in T´s and C´s are possible to agree with in sales/licensed agreement. Devious articles in sales/licensed agreement preceede over T´s and C´s.

1.4. T´s and C´s ´ articles are an integral part of sales/licensed agreement. Sales/licensed agreement (and so even in a form of an order-acceptance and followed by the issued invoice) and T´s and C´s are in English language.

1.5. These T´s and C´s apply, in rationally applicable measurements, to orders placed via other communication channels such a (i.e.. email, phone, fax, letter) (supportive § 1820, § 1824 and § 2079 and followed NOZ) and with certain adjustments even when order is placed in person in a shop (filling in an order-form or purchase in a shop), especially by order signature, filling in order-form etc., if not specified otherwise.

1.6. These T´s and C´s are visible posted online on the main page of the online shop in its right bottom side (www.spa-components.com) and a buyer is able to read thoroughly these T´s and C´s before submitting his/her order. Upon submitting the order, a buyer confirms his/her agreement with these T´s and C´s, and so in a form and order valid at the moment of particular order placement. Both parties are duty bounded once the sales/licensed agreement is closed.

1.7. Notions

1.7.1. Seller is a person who closes and carries out the agreement in accordance with his sales and business activities. It is an entrepreneur who directly or through other business partners provides products and services to a buyer.

1.7.2. Buyer – a consumer is a person who doesn’t act in accordance with his/her sales and business activities when closing and carrying out the agreement.

1.7.3. A buyer who is not a consumer, is an entrepreneur, it means a person who closes and carries out the agreement in accordance with his/her own sales and business activities or in accordance with his/her job, or a person who acts on behalf of another entrepreneur.

2. USER ACCOUNT

2.1. Based on the buyer´s registration on a web page the buyer is able to access his/her user´s interface. In his/her user interface the buyer can order goods (hereinafter „user account“). If the webpage interface allows so, the buyer may also order goods without registration directly in the shop´s user interface.

2.2. When creating registration on the web page and ordering goods the buyer is obliged to enter correct and true details. The details shall be updated by the buyer whenever applicable. Details entered by the buyer in his/her user account and details of a goods order are considered by the seller to be true.

2.3. A user name and a password secure an access to each user account. Buyer is obliged to keep these details and information confidential and is aware that the seller bares no responsibility if seller doesn’t comply with this obligation.

2.4. The buyer may not allow any third person to access his/her user account.

2.5. The seller may cancel a user account, and so especially if the user account is inactive longer than 2 years, or if the buyer doesn’t comply with his/her commitments based on the sales/licensed agreement (incl. T´s and C´s).

2.6. The buyer takes into consideration that his/her user account may not be accessible continuously, and so especially considering necessity of hardware and software maintenance completed by the seller or by the third party.

3. CONTRACT

3.1. The web interface of the shop contains a list of goods offered for sale by the seller, and so including information about weight, dimension, output etc., and moreover single price of the offered goods (these details are also listed in catalogues, prospects and other leaflets of the seller). Prices of the offered goods are listed incl. and excl. VAT. Expenses connected with goods delivery are not a part of the price, if it isn’t listed otherwise. Sales offer and price is valid as long as posted on the shop web interface with exceptions (i.e. article 4.9.); in a printed price list there are prices valid till a new up-to-date price list is issued. This article doesn’t exclude a possibility of individual conditions agreed in a licensed/sales agreement.

3.2. The web interface of the shop also contains information about postage, packaging and goods delivery. Information about expenses on packaging and delivery listed on the shop web interface is valid only in case if the goods are delivered within the Czech Republic.

3.3. Other legal information adhere to regulation § 1811, § 1820 and § 1821 NOZ.

3.4. The goods shall be ordered online in the seller´s shop (hereinafter „e-shop“); via electronic mail at the address info@spa-components.com;

3.5. For the ordered goods in e-shop the buyer fills in an order form in the shop web interface. The order form contains all information about (further § 1824 and followed NOZ):

3.5.1. The ordered goods (ordered goods is „inserted“ by the buyer into an electronic shopping cart of the shop web interface by pressing the button „order“),

3.5.2. The way of payment for the goods (possibly advance payment), details of preferred delivery method of the ordered goods.

3.5.3. Information about expenses on goods delivery (hereinafter „order“).

3.6. The buyer is obliged to provide the same information to the seller even when agreement is made via other communication channels or in a mortar-brick-store.

3.7. Before submitting the order to the seller, the buyer is allowed to check and change details which are entered in an order, so the buyer has an opportunity to check any mistakes which may appear during order placement. The order is sent by the buyer to the seller by clicking the button “Send order“. Details listed in the order are understood to be correct. The seller immediately confirms acceptance of order to the buyer via electronic mail, and so to the electronic address provided by the buyer in his/her user interface or in his/her order (hereinafter „buyer´s electronic address“).

3.8. The seller is always entitled to ask the buyer for additional order confirmation depending on an order character (amount, price, approximate delivery expense) (i.e. in written form or via phone). If the order is not additionally confirmed by the buyer, the order might be considered invalid.

3.9. Contract relation of the seller and the buyer is completed by delivery and order acceptance that is sent to the buyer via electronic mail, and so to the buyer´s electronic address.

3.10. Concerning „bespoke goods“, the seller after receiving the order will confirm such acceptance via electronic mail with a process proposal, and so to the buyer´s electronic address entered in the user´s interface or in an order (hereinafter „buyer´s electronic address“). After mutual confirmed approval the sales agreement is closed and the goods in commission/modification."

3.11. If the goods purchased in the seller´s store, the buyer pays and takes the goods immediately, ordered and paid upon delivery or paid in advance and delivered as requested, etc.

3.12. The buyer becomes an owner once the entire payment for the goods is completed. The seller passes the goods, and all related documents, to the buyer, and allows him/her to become an owner of the goods/license in accordance with the contract. When sending the goods, the seller passes the goods to the buyer by forwarding to the carrier for delivery; to the buyer (consumer) by forwarding to the consumer by the carrier.

3.13. If the seller and the buyer close a long-term general frame sales contract, an order specifies the contract and its subject and it is a part and parcel.

3.14. The buyer is aware that the seller is not obliged to close the sales/license contract, and so especially with a person who has previously disobeyed his/her duty to the seller.

3.15. The buyer agrees with use of communication channels when closing the sales/license contract. Any expenses which appear when using communication channels in order to close the sales/license contract (internet connection and phone calls expenses) are paid by the buyer.

3.16. T´s and C´s copies are provided to the buyer as an enclosure of the order confirmation to the entered email address, and a tax document containing basic details of the contract is received upon acceptance of the goods or services.

4. PRICE AND PAYMENT METHOD

4.1. Price for the goods and possible additional expenses related to the goods delivery based on the contract may be paid by the buyer to the seller in the following ways:

4.1.1. in cash in the seller´s store at the address Chrášťany – K Vodojemu 140, PSČ 252 19;

4.1.2. cash on delivery at the location specified in an order by the buyer;

4.1.3. direct debit to the seller´s account (hereinafter „seller´s acount“)

Raiffeisen BANK (CZ) č.ú. 0501718002/5500

Raiffeisen BANK (EUR) č.ú. 0501718002/5500

IBAN: CZ79 5500 0000 0005 0171 8002

SWIFT: RZBCCZPP

4.1.4. by a debit/credit card;

4.1.5. on hire purchase (meeting seller´s requirements– trustworthy, long-term cooperation, clear of debt etc.);

4.1.6. via loan provided by the third party.

4.2. The buyer is obliged to pay the seller not only purchase price but also expenses related to packaging and delivering service in an agreed amount. If it is not listed otherwise, the purchase price shall include expenses on the goods delivery, possible tax and fees, communication.

4.3. If payment is done in cash or cash on delivery method, the price is to be paid upon receipt of delivery. In case of direct debit payment, the purchase price shall be paid within 7 days after the sales agreement is closed.

4.4. In case of direct debit payment the buyer is obliged to make such payment to appropriate variable symbol. In case of direct debit payment the purchase price is received once the payment is received on the seller´s account.

4.5. The seller shall require, especially if the buyer doesn’t additionally confirm her/his order (see 3.6.), and entire payment of the purchase price before the goods delivery.

4.6. The seller may issue a proforma invoice in some cases.

4.6.1. the price of the ordered goods exceeds the amount of 20.000,- CZK, a proforma invoice may be issued up to 100% of the total amount of the ordered goods.

4.6.2. the ordered goods possess special features based on the individual requirements of the buyer or it is not in stock of the contractual supplier, a proforma invoice may be issued up to 20% of the total amount of the ordered goods.

4.6.3. any technological goods requiring further service or assembly i.e. spas, saunas, steam boxes, massage boxes etc.,, a proforma invoice may be issued up to 60-100 % of the total amount of the ordered goods.

4.7. The goods remain in a full seller´s ownership until it is completely paid by the buyer however a damage risk of the goods is transferred to the buyer upon its acceptance.

4.8. If any payment is delayed, the buyer is required to pay the seller interest on late payment: 0,1 % of the amount due for every day of delay, and further penalty: 0,1% of the amount due for every day of delay with reimbursement.

4.9. Possible discount of the purchase price provided by the seller to the buyer cannot be combined.

4.10. The seller reserves the rights of print error, a change of range of offered goods and a price change in reasoned cases, especially a change of currency rate, significant increase of inflation, or in case of sudden supplier´s condition change by a manufacturer, or other service suppliers. If the purchase price is changed, or if wrong price of unconfirmed order, or if ordered goods cannot be obtained etc. the buyer is informed so in order to decide if the price change is acceptable, or if other goods may be ordered instead, or if the order shall be cancelled.

4.11. If common in sales relation or if established by mandatory statute, the seller will issue the buyer a tax document based on the sales contract – an invoice, a cash receipt. The seller is VAT taxpayer. The tax document – an invoice is issued by the seller to the buyer after the purchase price is paid and is send in an electronic form to the electronic address of the buyer.

5. RIGHT OF A CONTRACT WITHDRAWAL

5.1. The buyer is aware that based on law § 1818 and 1837 followed by NOZ it is not possible a to withdraw from the service contract if its execution starts before 14-day-expiry-period from execution acceptance, the goods and service delivery contract which price depends on deviation on the financial market regadless of supplier´s will, the goods delivery contract adjusted per the buyer´s demand, as well as the goods which tend to expire, to be worn out or outdated promptly, from the sales contract of audio, video and computer program delivery if the consumer tears up their original packaging, from the sales contract of newspaper, magazine and periodicals etc. delivery (§ 1837).

5.2. If the case doesn’t concern the article 5.1 or it concerns other sate when the contract withdraw cannot be done, the buyer (consumer spotřebitel) is entitled with accordance to § 1829 and followed NOZ to withdraw from the contract without giving a reason and without any penalty, in person or ina written form, and so up to 14 days from the goods acceptance; if the contract is for several kinds of goods or for partial deliveries it is up to 14 days from the acceptance of the last delivery of the ordered goods; if the contract is for a regular delivery it is up to 14 days from the first delivery of the ordered goods. The buyer may withdraw from the contract by contacting the seller the electronic mail info@spa-components.com. If the ordered goods is not picked up, such case is not considered as the contract withdrawal.

5.3. If any party violates contract commitments by causing delay significantly, the other party may withdraw from the contract if the party causing delay is notified immediately once the delay occurs (§ 1977 and further related to § 1968 and followed by NOZ). If violation of the contract commitments is insignificant, the other party may withdraw from the contract if the party causing delay cannot meet the commitment in addiotanaly provided time period.

5.4. If the seller and the buyer closes the written frame sales contract the buyer is eligible to withdraw from the contract if a significant change of T´s and C´s appears after the frame sales contract signature. If the buyer places her/his order after the following day when the T´s and C´s has been changed, confirms his/her agreement with T´s and C´s. Withdrawal from the contract must be done in written form and is active upon delivery to the seller to the company address, store address, or to the seller´s delivery address (even personally) or to the electronic address of the seller info@spa-components.cz. Already sent order (proposal of a sales contract) irrevocably bound to the buyer during the period defined for the goods delivery and the buyer is due to pay the purchase price.

5.5. If the withdrawal from the contract is done accoding to the article 5.2. T´s and C´s the sales contract is cancelled. The goods must be returned to the seller without any delay, as the latest 14 days from the contract withdrawal, and so at the expenses of the buyer. The goods must be returned to the seller without any damage and unused and if possible in an original packaging (or adequately packed). The goods must be complete including its equipment, a manual, a warranty card etc. and with a purchase receipt and a copy of a cover note (except of § 2110). Do not send the goods COD, it is recommended to insure it.

5.6. Within 14-day-deadline from the contract withdrawal, not earlier than return/proof of goods return by the buyer (consumer) according to the article 5.5. T´s and C´s the seller is authorized to check returned goods, especially in order to learn whether the returned goods isn’t damaged, used or partially used. If the seller finds everything in order in the same period the seller returns finances, except of delivery expenses (the consumer is eligible for free delivery in certain situations), which were accepted based on the contract, and so in the same manner, or possibly in a form of “credit or voucher” in case of a fully registered buyer (a consumer). The seller is also eligible to return fulfillment provided to the buyer once the goods is being returned by the buyer.

5.7. The buyer is aware that if the goods returned to the seller is damaged, used or partially used or incomplete, the seller may require compensation for such damage. The seller is eligible to enter entitlement to compensation for damage against the buyer´s entitlement of the purchase price reimbursement.

5.8. If the buyer doesn’t announce damage of the goods on time, there is no right to withdraw from the contract.

5.9. The seller is eligible to withdraw fromt the contract any time until the goods is accepted by the buyer (order storno). In such case the seller returns the buyer a full purchase price without further delay, and so in direct debit to the buyer´s account.

5.10. If a present is provided with the goods, the gift agreement between the seller and the buyer is closed with an exiting condition. So if the consumer withdraws from the contract, the gift agreement is in such case invalid and the buyer is obliged to return the provided gift to the seller. If the return is not completed, such value is understood as unjust enrichment of the consumer. If return of such thing is impossible, the seller is eligible for finance compensation of a common price.

5.11. In case of the contract withdrawal the consumer bears expenses related to the goods return, and if concerning the contract made through distant communication channels the goods return expenses if such goods cannot be returned for its nature in the most economic way offered by the seller.

5.12. In case of partial counting service performance the consumer is eligible to compensate proportionate part of the service price.

6. DELIVERY AND TRANSPORT

6.1. If it´s not specified differently, the buyer is obliged to pay expenses on delivery of ordered goods.

6.2. A way of the goods delivery is specified by the seller, if the sales contract doesn’t specify differently. If the delivery is agreed based on the buyer´s demand, the buyer bears any risk and possibly additional expenses on this particular way of delivery.

6.3. If the seller is obliged to deliver the goods to the specified place as per the buyer´s order based on the sales contract, the buyer is obliged to accept such goods upon delivery. If the goods is not accepted upon its delivery, the seller is entitled to claim a fee for storage in amount of 50 CZK/month (in words: fifty Czech Crowns) or the seller is entitled to withdraw from the contract.

6.4. If the personal takeover is agreed in the seller´s shop, the seller is obliged to notify the buyer in an agreed communication manner (an electronic mail, phone, fax, a letter etc.) to collect the goods, and so the following working day as the latest after the goods is available in the shop. Upon the goods pickup in the seller´s store, the buyer is obliged to submit a receipt proving a complete payment for the ordered goods. Another person than the buyer can collect the goods if he/she submits empowerement from the buyer with his/her full name and a valid identification card. The buyer is also entitled to check the goods in a presence of the seller/supplier.

6.5. If delay of collection from a carrier occurs and lasts, the buyer entrepreneur bears any consequences of possible risk of damage, loss.

6.6. All above listed ways of the goods delivery can be done only on working days, if it is not agreed differently. If order is placed on Saturday, Sunday or on Public Holiday Days, the goods can be delivered the next working day.

6.7. If the goods delivery must be repeated or delivered in a different way than listed in the order due to the buyer, the buyer is obliged to pay expenses related to repeated delivery or for other mean of delivery.

6.8. In case of incorrect order from the buyer´s side, the buyer is obliged to pay re-delivery in all price.

6.9. Upon delivery and collection from a carrier the buyer shall check if the goods do not appear to be damaged i.e. mechanical damage of packaging, number of packages. If such case appears, the buyer may refuse to accept such delivery and complete a form about damage with a courier who will confirm this form (content: pages of the sales contract, goods, price or to submit and order, carrier, damage, date and time, place). Furthermore, the buyer shall inform the seller without any delay, and so via phone, email or personally.

6.10. By signing a delivery form/invoice/ expense cash receipt the buyer accepts the goods and confirms that packaging hasn’t been damaged. The buyer may additionally claim incomplete or outer damage of the package, however the seller may possibly prove this is not contrariety to the sales contract. If mechanical damage of the good is detected after personal takeover in the seller´s store, the buyer may withdraw from the sales contract.

6.11. Other rights and commitments of both parties related to the goods transport and delivery may be altered by extra delivery conditions of the seller, if these are provided to the buyer.

7. LIABILITY FOR DAMAGE, WARRANTY

7.1. Rights and liabilities of the seller and the buyer (a consumer) related to the seller´s liabilitiy for damage, including warranty liability of the seller, are govern by the particular and generally valid regulations (especially § 2082, § 2087, § 2099 with reference to § 1914 and followed by NOZ).

7.2. If the contract party happens to be an entrepreneur following his/her own business activities (a buyer), such relations are additionaly govern even by particular and generally valid conditions of authorized service and conditions of goods import to CZ. The seller is liable for damage caused by the sold goods up to the amount of 50.000 CZK, if it is not specified otherwise.

7.3. An item is faulty if it doesn’t possess agreed features. Damage is understood to be even performance of other item and damage in documents necessary for this item usage.

7.4. Buyer´s right of a faulty performance is based on a damage which is possessed by an item when danger of damage is being transferred to the buyer, even though it appears later. Buyer´s right occurs even later when a damage appears, which is caused by the seller´s violation of liabilities.

7.5. Danger of a damge is transferred to the buyer simultaneously with his/her ownership. If the buyer acquires law of property before surrendering the item, the seller has rights and liabilities of a holder until the item is surrendered. The same applies if the buyer doesn’t accept the item although he has been able to use it. (see article 6.9. and following).

7.6. Any delay on item acceptance by one party allows the other party to sell the item after announcement of such action to the account of the party delaying with the acceptance action, and if adequate period is provided for such action.

7.7. The seller is liable to the buyer that the item is without any damage. Especially, the seller quarantees the buyer that at the time of the goods acceptance the following applies:

7.7.1. the item possesses quality and useful features which are agreed by both parties, and if such agreement is missing, the item shall possess features presented by the seller or producer which are expected by the buyer based on the item character advertised by the seller or a producer;

7.7.2. the item shall be used for a purpose which is claimed by the seller or for which is normally used;

7.7.3. the item is in a correct amount, measurements and weight; and

7.7.4. the item meets law regulations. If any damage appears within six months from the goods acceptance, it is understood that such item has been initially faulty when being accepted.

7.8. The buyer shall claim the right of faulty goods which appears for commodities in a period of 24 months from the goods acceptance, if it is not specified differently, however this excludes:

7.8.1. any item sold for a lower price due to its damage which is a reason of such discounted price.;

7.8.2. used items after usual usage;

7.8.3. used items with a defect which corresponds to extent of its usage at the time of acceptance by the buyer; or

7.8.4. arising from the item´s characteristic.

7.9. The buyer shall set up a claim for a damage of the sold goods and provided services within 24 months, if it is not specified differently i.e. article 7.8. and 7.19. (12 months warranty for used goods) or extended warranty (hereinafter “warranty period, WP“). Warranty period starts at the moment of acceptance by the buyer; when sending the goods, it starts after delivering to the delivery address; when ordered goods commissioning by the third party, not by the seller, WP starts at the time of the goods commissioning if the buyer orders the goods commissioning withi 3 weeks from the goods acceptance and provided necessary cooperation.

7.10. WP is extended for a period which is necessary for the goods warranty repair (this doesn’t apply for unjustified claim). If the claim is settled by goods exchange for a new item, WP starts from the date of claim resolution. Claim period starts from the following day of submitting the claim to the day of the claim settlement, i.e.. a day when the buyer shall accept the item.

7.11. If the buyer detects any damage upon the goods acceptance, such detection must be always communicated in a written form by registered post, without any further delay, as the latest 24 hours after the goods acceptance, or by filling in a claim form or a list if it is a part of provided goods equipment, and describe date of delivery, name of the product, claimed quantity, damage description, photos and a proposal for claim settlement. *

7.12. If the defect occurs on a personally picked up item in a shop, the buyer shall inform about such case in a written form by filling in a contact form, and so the very same working day. The goods mustn’t be used. Any late claims cannot be accepted

7.13. If delivered by the United Parcel Services s.r.o., hereinafter UPS, any claim adheres to the claim terms and conditions of the company UPS.

7.14. Rigths of liability for damaged goods will expire if no claim has been claimed within the warranty period.

7.15. The buyer may claim the faulty goods by sending it back via a carrier or bring personally to the address Chrášťany – K Vodojemu 140, PSČ 252 19. The moment when the seller accepts the faulty goods from the buyer is considered to be a claim initial point. If there is other entrepreuner listed in a warranty card (an invoice, a receipt of purchase or a special warranty form with law details) (authorized or registered service) intended for a repair, the buyer may claim the right of repair at the entreprenuer intended for such warranty repair. In case of justified claim, a customer is eligible for reimbursement of postage in necessary amount.

7.16. Claimed goods shall be properly secured, marked visibly "CLAIM" and shall contain: claimed goods (incl. a complete equipment, spare parts, a present etc.), detailed description of a damage and sufficient contact details of the buyer (especially delivery address and phone number) and possibly a copy of a purchase receipt, a choice of claim of handling complaint (see below). If above is missing it will be impossible to identify the goods origin and damage. The buyer-consumer may prove listed circumstances even differently, i.e. a bank account statement about the goods purchase. The buyer-entreprenuer proves evidence of warranty by submitting a purchase receipt, i.e. even a claim receipt (serial number as listed on the claimed goods). The customer shall address the claimed goods clean, without any dirt and hygienic publishable, otherwise the seller shall refuse to start claim process (via Bill of Ministry of Health No. 306/2012 Digest, as amended).

7.17. If the item doesn’t comply with the article 7.7. (hereinafter “defect”) upon acceptance, it represents a significant violation of the contract (§ 2106), the buyer shall claim that the goods will be restored by the seller without any charge and any further delay, and so based on the buyer´s requirements either by exchanging an item, delivering a missing part, or its repair; if such a process is impossible, the buyer may require adequate discount off the goods purchase price or withdraw from the contract. The buyer is eligible for adequate discount if the seller is unable to deliver a new item without damage, exchange its parts or repair the item, or if the seller is unable to arrange a remedy within reasonable period or if a remedy arrangement would cause the consumer some difficulties. This paragraph is not valid if the buyer before accepting the item has been aware of a defect or if he/she caused such defect himself/herself. The item defect which appears within six (6) months from the day of acceptance is considered to be already existing at the moment of its acceptance, if it contradicts the item characteristic or if otherwise is not proved.

7.18. The buyer informs about correction choices of defect when communicating the defect or without any delay after defect notification. Completed choice cannot be altered by the buyer without the seller´s agreement, only if it concerns defect repair which proves to be unrepairable. If the seller cannot resolve the defect without adequate period of time or if the buyer is informed that the defect cannot be corrected, the buyer may claim adequate discount of the purchase price instead of defect correction or withdraw from the contract. If the buyer cannot decide on his/her right on time, his/her rights are the same as in case of insubstantial violation of the contract.

7.19. In case of insubstantial violation of the contract (§ 2107), the buyer is eligible for defect correction or for adequate discount of the purchase price. Until the buyer claims his/her right of purchase price discount or withdraw from the contract, the seller can submit what is missing or remove legal defect; other defects may be removed based on the selection of the item repair or delivery of a new item.

7.20. If the seller cannot correct the defect of the item in a timely manner or refuse to correct, the buyer may claim discount of the purchase price, or withdraw from the contract. The change of choice may be changed by the buyer only with seller´s approval. Similarly it applies to defects which unable proper usage of the item for repeated occurrence of the defect after repair or for a higher number of defects.

7.21. Any item being sold for a discounted price, the seller is not liable for a defect which is a reason of discounted price. (i.e. used, damaged, incomplete etc.). The defect is not understood to be a usual colorful or structural difference of natural materials (i.e. leather, stone), textile and artificial fabrics (i.e. a slight difference of the pattern or colour shade), lacquered and tile surface. Furtheremore, the seller is not liable for defects which occur (in case that such activity is not a usual one but it isn’t banned in instruction manual) i.e. electrical excess voltage (visibly burnt spare parts or surface connections) with the common exception of the goods usage under the conditions which don’t meet temperature, dustiness, humidity, chemical and mechanical environment influence which is directly appointed by the seller or the producer, unprofessional installation, improper treatment and control, or by insufficient care, completeing unprofessional service or change of parameters, which are adjusted by the customer (painting, bending etc.), if any defect occurs due to such action, the goods is damaged by the natural elements or unavoidable casualty,the goods or its parts are damaged by a computer bug or by unauthorized software, the consumer goods (i.e. batteries) with 6-month-lifecycle, when the defect is caused by usage due to daily use etc. Such limitations do not apply if features of the goods, which is a subject of claim under above listed conditions, are clearly agreed by the buyer and the seller, conditioned or declared by the seller, or possibly they may be accepted due to running advertisement or by usual way of the goods usage.

7.22. The claimed goods will be tested only on claimed defects which are described in a written form.

7.23. A claim including defect resolution will be handled without any further delay, the latest 30 days after it is received. This period can be extended if agreed with the seller- the consumer under the conditions that such extension is not for unlimited period or inadequate long period. After this period expires, it is understood that such defect exists and the consumer has the same rights as if it is a defect which cannot be corrected. In case of the buyer-entreprenuer, the claim will be handled within 40 days as the latest from the date of the claim acceptance.

7.24. The buyer is informed by the seller about claims process via email, or phone or in a written form. If the buyer doesn’t collect the goods within 1 month, a period for handling the claim, and this is handled in this period, and the buyer is notified to do so then the buyer shal be charged a storage fee.

7.25. The buyer shall be reimbursed for necessary expenses which occur due to claiming his/her rights defected goods liability and such expenses are real and functional (i.e. postage). In case of withdraw from the contract due to the defected goods, the consumer shal be reimbursed for any direct expenses related to the contract withdrawal.

7.26. After the claim is handled, the buyer shall submit a receipt of claim acceptance and prove his/her identity upon the goods release. The seller will hand over the receipt of the claim acceptance to the buyer, especially specifying content, date and way of claim handling, including confirmation of repairs and a period of the claim, possibly a reason for the claim refusal.

7.27. If the claim is refused for unjustified claim, the buyer may execute chargeable repairs with an approval. Before repair the buyer will be notified about the repair costs, a scope of repair and necessary period, and this all shall be a part of the service agreement.

8. FURTHER SALE OF THE GOODS AND ITS LIMITATION

8.1. The buyer shall sell the goods to other buyers who are not end users but the buyers in terms of these T´c and C´s (entreprenuers) only with written approval of the seller. Such approval shall be requested by the buyer either via email or fax before any further sale of the goods. Request shall contain ID of the other buyer, i.e. the enterprenuer company (name and surname) or the legal entity company, ID and contact details (email, company address or site). If the seller doesn’t provide his approval within 5 working days from the date of the request delivery, such request is understood to be refused.

8.2. Any other buyer shall adhere to T´c and C´s of the seller and act accordingly which shall be communicated by the buyer who sells the goods.

8.3. The seller is eligible to contract penalty in amount of 100.000,-CZK in case that the buyer violate the responsibility of further sale without the seller´s approval and further if violation of discretion or rights of the intellectual property according to article 9 and 10 below. This enaction doesn’t concern buyer´s right for compensation of damage in its total amount.

9. FURTHER RIGHTS AND LIABILITY OF THE CONTRACT PARTIES

9.1. The buyer is aware that program equipment and other parts of the shop web interface (including photos of the offered goods) are protected by the copyright law. The buyer confirms that no action will be taken to allow him/her or any third party unjustified usage of the program equipment or other parts which are part of the shop web interface.

9.2. The buyer isn’t obliged when using the shop web interface to use mechanisms, program equipment or other processes which could negatively affect the shop web interface operation. The shop web interface is possible to use only within a range which doesn’t affect right of other customers of the seller and which is in accordance with its definition.

9.3. The seller in a relation to the buyer doesn’t have to adhere to any code of conduct.

9.4. The buyer is aware that the seller isn’t responsible for any mistakes which occur due to incident of the third party on the webpage or due to webpage usage contrary to its purpose.

10. DISCRETION AND PROTECTION OF INTELLECTUAL PROPERTY

10.1. The seller and the buyer shall remain discreet about all details and information („confidential“), which are communicated due to the contract closure and which are available, but these are not of publicly accessible character. This liability lasts till the contract ends. The seller and the buyer mutually agree that no information, which is accessed due to the contract and is not publicly accessible, will be provided to the third party. The seller and the buyer are obliged to keep business secret according to § 504 and § 2985 NOZ in case that the contract parties are informed about the information character that happens to be a subject of the business secret.

10.2. By closing the sales contract the buyer isn’t eligible to obtain industrial and intellectual property (especially concerning protective marks, a sales company, a company logo) of the seller or other parties which offer the goods, if it isn’t stated othewise. Right for protection against unfair competition remains untouched.

10.3. All advertising handouts, photos, pictures, other goods labels and webpage content of the seller is protected by the copyright law, law of a protective marks and according to appropriate regulation NOZ and unfair competition, as amended. Without provable written agreement of the seller, its copyright and further distribution in any way is explicitly banned. Such agreement can be withdrawn by the seller at any time.

11. PERSONAL DETAILS PROTECTION AND DELIVERY OF SALES ANNOUNCEMENT

11.1. The buyer´s personal details protection, who is a physical person, adheres to the Law No. 101/2000 of Digest, about personal details protection, as amended by the further regulation.

11.2. The buyer agrees with his/her personal details processing: name and surname, address, ID, VAT ID, electronic mail address, phone number (hereinafter all together „personal details“).

11.3. The buyer agrees with personal details processing by the seller, and so for a purpose of the sales contract realization, for purposes of user´s account conducting and for a purpose of information and sales announcement deliveries to the buyer.

11.4. The buyer is aware that he/she shall provide proper and correct personal details (during registration, in his/her user´s account, when placing an order in the shop web interface) and is obliged to inform the seller without any further delay about any change of his/her personal details.

11.5. The buyer´s personal details processing can be done by the third party appointed by the seller, also known as processor. Except of a party delivering the goods no personal details of the buyer will be provided to the third party without prior approval from the buyer. 

11.6. Personal details will be processed for an indefinite period. The personal details will be processed electronically in an automotive way or in a printed form of an unautomative manner. 

11.7. The buyer confirms that provided personal details are correct and he/she is well informed that such provided data is done voluntarily.

1.8. If the buyer suspects that the seller or the processor (article 9.4.) process his/her personal details contrary to protection of private and personal life of the buyer or contrary to a law, especially if the personal details are inaccurate with regards to a purpose of its processing, he/she may:

11.8.1. ask the seller or the processor for explanation,

11.8.2. request the seller or the processor to remove such information and correct the current status. Especially blocking, correcting, adding or removing his/her personal details. If such request according to the previous statement is found eligible the seller or the processor correct without any further delay such harmful state. If the seller or the processor cannot process the buyer´s request, the buyer may contact directly the Office for Personal Data Protection. This enaction doesn’t limit the buyer to contact the Office for Personal Data Protection directly with any request.

11.9. If the buyer requests any information concerning his/her personal data processing, the seller is obliged to provide such information. The seller is eligible to request for provided information adequate compensation which shall not exceed expenses necessary to provide such information.

12. SALES ANNOUNCEMENT DELIVERY AND SAVING COOKIES

12.1. The buyer agrees with delivery of the goods information, of service or business done by the seller to the electronic email address of the buyer and further agrees with sales announcement delivery from the seller to the electronic email address of the buyer. The same applies to delivery via other communication channels (post, fax, phone, etc.).

12.2. The buyer agrees with saving so called cookies into his/her computer. If the purchase on the webpage can be done and the seller´s obligation on the sales contract can be carried out without saving so called cookies into the buyer´s computer, the buyer may recall such agreement according to the previous sentence at any time.

13. DELIVERY

13.1. If it is not agreed otherwise, all correspondence related to the sales contract must be delivered to the other party in a written form, and so electronically, personally or by registrered post via the post services (depending on a choice of a sender). The buyer receives delivery to the address of the electronic mail listed in his/her user´s account, if it is not stated differently.

14. THE FINAL ARTICLE OF THE AGREEMENT 

14.1. Relations and possible disagreement consequent upon the agreement will be resolved according to the Czech Republic law and by respective court institution based in the Czech Republic. OSN settlement concerning agreements of international trade of goods (CISG) will not be applicable according to the article 6 of this settlement.

14.2. If relation relating to web page use or law relation based on purchase agreement contains international (foreign) element, the both parties agree that the Czech law will apply. Hereby, consumer´s law consequent of generally mandatory statue is not affected.

14.3. Possible disagreement between SPA Studio Factory s.r.o. and a buyer can be also resolved in out-of-court manner. In such a case the buyer – consumer may contact a subject of law entitled to out-of-court disagreement resolution, such as the Czech Sales Inspection Office. Before out-of-court disagreement solution is approached, SPA Studio Factory s.r.o. recommends that the buyer contacts SPA Studio Factory s.r.o. initially in order to resolve doubtful situation.

14.4. The agreement and other documents are concluded in Czech language. If translation of the agreement or other documents will be completed for buyer´s convenience, it is understood that in instance of disagreement concerning terminology contained in the agreement and the other documents, the Czech version of the agreement and other documents will be recognized as valid and applicable.

14.5. Seller is entitled to sell goods based on the trading license and seller´s activities are not liable to another business. Trading control is executed by the Trades Licensing Office in terms of its reference.

14.6. Valid terms of trade (TT) are available in stores and shops of the seller and on the webpage, furthermore upon purchase every buyer is notified about them and opportunity to review these closely. The seller is entitled to adjust or change TT in accordance to law amendments and any changes applicable to the goods of seller´s business in the market. If any TT article is or becomes invalid or ineffective, such article is substituted with an article that is the closest in its meaning. If one article is invalid or ineffective, validity of the other articles is not affected. Amendments or changes of the agreement or of TT shall be done in written form. TT may be amended by one party that shall communicate any change to the other party in writing and without any delay. The other party may refuse changes and consequently commitment may be terminated within 15 days after delivery (§ 1752 NOZ). This article is not effective for any rights and liability that occur during period of previously valid TT.

14.7. Contact details of the seller: Legal address: Makovského 1177/1, 163 00 Praha - Řepy, Czech Republic, email address info@spa-components.com, phone +420 602 635 866. Webpages www.spa-components.com, www.spa-components.cz.

14.8. These terms of trade including all articles are valid and effective since 1st October 2019 and supersede previous version of TT including all articles.