metalshop   /   TERMS AND CONDITIONS

TERMS AND CONDITIONS

of the company METALSHOP.CZ, s. r. o., based at 174 Bystřice, district of Frýdek-Místek, ZIP Code: 73995, identification number: CZ28574699, under file number C 32711, headed by Regional court in Ostrava

1. Introductionary Provisions

1.1. These Terms and Conditions (from now on "the Terms") govern mutual rights and obligations of the Seller and the Customer in accordance with statute of §1751 of paragraph 1 of the Law n. 89/2012 Sb., the Civil Code. It also governs the rights and obligations of the Provider and the User related to the User's account.

1.2. Considering the Terms, there are the terms used with capital letters at the beginning with the following:

the Seller
the seller according to the statute of §2079 of the Civil Code, hereafter METALSHOP.CZ, s.r.o.

the Customer
the customer according to the statute §2079 of the Civil Code

the Contract
the purchase contract concluded between the Seller and the Customer

the Consumer
anyone who, out of the scope of his business or occupation, concludes the Contract with the Seller

website
We see the website as the program, the application respectively, that is available online via www.metalshop.us. Its main function is possibility to show, choose, and order products by the User.

Cart
It is a part of the website that is generated automatically by the Costumer's activation of several functions including adding, taking away and modifying the amount of products

the Provider
the person enabling usage of the User's account; METALSHOP.CZ, s.r.o.

User account
a part of the website that is available to one particular User, it is established via Registration and available after confirming the access data

the User
a person using the User account

2. User account

2.1. The User is entitled to create a User account on the Website to make ordering products easier.

2.2. The User creates the User account in the following way: He/she fills in at least the necessary data on the Website, especially the first name, surname, billing address, email address, login, and password, and then saves these data. At the same time he/she has to agree with the Terms and with personal data processing (from now on "the Registration").

2.3. We consider the entered data in the User account true and complete. The responsibility for potentional faults lies on the User only.

2.4. The access to the User account is restricted by sign up data, which are login and password (from now on "the sign up data"). The User and the Provider are both obligated to keep these data private.

2.5. The user is not entitled to allow other people to use his User account.

2.6. The provider is allowed to cancel the User account, especially in the case of inactivity of the User longer than one year, or if the Customer violates his rights related to the Contract, including the Terms.

2.7. The User is aware of the possibility that his/her account may be sometimes unavailable, especially in the case of Provider's software and hardware maintenance, or the third party's hardware and software maintenance.

2.8. There are similar restrictions for the User as in paragraphs 9.9., and 9.10.

3. Concluding the Contract

3.1. All the products on the Seller's Website are only informative and the Seller is not obligated to conclude the Contract related to these products. Statute § 1732 of the Civil Code cannot be used.

3.2. If the Customer wants to order the products, he/she has to enter them into the cart stating the amount of the product, and then fill in the form on the Website, which includes:

  • a) information related to the ordered products, their price,
  • b) information related to payment of the price,
  • c) information related to the delivery, and
  • d) information considering the expenses related to the delivery,
  • e) information considering the name and surname of the Customer, his/her billing address, his email address. If the Customer is identical to the User, these data are entered automatically (from now on "the Order").

3.3. It is possible to check and modify the entered data, including the possibility to find out and correct potentional mistakes made at the Order.

3.4. The order is definite when the Customer pushes the "Order" button, this is the Offer (from now on "the offer") and it is bade by the Customer.

3.5. The Seller confirms the Order immediately to the Customer via email. The Seller sends the confirmation to the Customer's email address entered into the User account, or at the Order. When the Seller confirms the Order, it is an acceptance of the Contract (from now on "Acceptance").

3.6. It is possible to conclude the Contract in the Czech language.

3.7. The Contract is archived by the Seller for five years in electronic form. The Customer may access it via his/her User account.

3.8. Property rights are transferred to the Customer at the moment of paying full price of the product, as it is stated in the Contract.

4. Payment Conditions

4.1. The Website includes information about the products, including the price of products (from now on "the Price"). The price includes VAT and all the other fees. The Price is valid when published on the Website. This does not affect the possibility of the Seller to conclude the Contract individually.

4.2. The Customer is obligated to pay the Price of the product including the wrapping and shipping expenses, as well as the delivery at the agreed amount. Unless stated another way, the Price already includes the wrapping and shipping expenses.

4.3. The expenses for remote means of communication do not affect the Price, and the Seller can only charge transport.

4.4. The Seller is entitled to require full or partial payment before shipping of the product to the Customer. The statute of §2119, paragraph 1 of the Civil Code is not effective in this case.

4.5. The Price can be paid to the Seller in the following ways:

  • by direct debit via PayPal
  • Credit card
  • Apple Pay
  • Klarna

4.6. The Customer states the payment method at the Order.

4.7. The Customer may change the method only if the Seller agrees to the change. This change must be proposed to the Seller in writing and delivered to his email address, or billing address.

4.8. The Seller stipulates the right to prohibit the payment method to the Customer, as the methods are mentioned in paragraph 4.5.

4.9. In case of payment in cash or by credit card, the Price is collectable at the moment of purchase. In the case of direct debit, the Price is collectable within 7 days of concluding the Contract. If the price is not paid as collectable, the Customer is considered to have backed out.

4.10. In case of a direct debit to the Seller's account, the Customer is given a variable code at the acceptance at the latest. The Customer is obligated to pay the price and state this code.

4.11. In the case of a direct debit comes the obligation to pay the price fulfilled at the moment of a money transfer to the Seller's account.

4.12. If there are any discounts provided to the Customer by the Seller, they cannot be used together.

4.13. If it is common in business, or if it is stated by the regulations, the Seller will issue the invoice to the Customer considering payments related to the Contract.

5. Delivery Conditions

5.1. The Seller allows these methods of delivery:

  • delivery to the Customer to the place stated at the Order by the mail carrier

5.2. In the case of specially required transport, the Customer bears the risk and additional expenses related to transportation.

5.3. If the Seller is obligated to deliver the product to the place stated at the Order by the Customer, then the Customer is obligated to receive the product at the time of delivery. In the case of personal purchases the limit for package reception is ten workdays.

5.4. If reception by delivery is agreed on, the Seller fulfills his/her duty to release the product when he/she delivers the product to the initial mail carrier. If the Customer is a Consumer, then the Seller fulfills his/her duty to pass on the product to the Consumer's hands. It is not considered effective if the Consumer requests a mail carrier which was not offered to him/her by the Seller.

5.5. The Seller or the mail forwarder may require the Customer's identification, which may be done by submitting an identification card, or passport. The Seller is entitled to refuse to send the product.

5.6. If the Customer does not accept the product within the limit stated in paragraph 5.3 of the Terms, the Customer is obligated to pay for storage or re-delivery expenses. The Seller is entitled to sell the product, having warned the Customer by email and given him/her the appropriate time limit. Storage and re-delivery expenses may be requested to be paid by the Customer and the Seller is entitled to know these expenses.

5.7. The Seller is obligated to deliver the products and allow the Customer to return the product within fifteen days of concluding the Contract, unless stated otherwise. If the product is indicated as "in stock", the Seller sends the product within two workdays of concluding the Contract at the latest.

5.8. In case of direct debit to the Seller's account, payment via a pay system or online payment device, the Seller is obligated to deliver the product to the Customer within fifteen days of the Customer fulfilling his/her duty to pay the Price of the product, unless stated otherwise. If the product is indicated as "in stock", the Seller sends the product within two workdays of payment at the latest.

5.9. If the Seller does not fulfill his/her duty to deliver the product in accordance with paragraphs 5.7, or 5.8, the Customer will notify him/her to deliver the product within the appropriate time limit. If the Seller does not fulfill his/her duty in that limit, the Customer is entitled to cancel the agreement.

5.10. Documentation related to the products, especially invoices, and certificates are sent to the Customer by the Seller within two days of receiving the product.

6. Transfer of risks

6.1. If the product is purchased at the premises of the Seller or at the place of delivery, the risks of damage are transferred to the Customer at the moment of receiving the product, or the moment the package was about to be delivered and the Customer is informed that he/she can leave with the product.

6.2. If there is a mail carrier met at the delivery, the risk is transferred to the Customer, when the product is sent to the first mail carrier in accordance with the Contract. If the Seller is obligated to send the product at a specified place, then the risk is not transferred to the Customer unless it is given to the mail carrier at that place. The Seller is entitled to keep the documents related to the product, but this does not affect the transfer of risks. If the Consumer is the Customer, the risk is transferred at the moment of transferring the product to his/her hands, this is not effective if the Consumer requested transport by a mail carrier that was not offered to him/her by the Seller.

6.3. The risk is not transferred to the Customer unless the product is marked in accordance with the Contract, by product marks, equipped with documentation, or the Customer is informed of any other methods.

6.4. The Customer is obligated to pay the Price, even if the product was damaged, or lost if the risks have already been transferred to him/her, unless the loss and damage were caused by the Seller violating his/her obligations.

7. Faulty performance, warranty, reclamation

7.1 The rights and obligations of the sides of the agreement are governed by the law, especially by the statutes of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the law n. 89/2012 Sb., the Civil Code.

7.2 The Customer inspects the product as soon as possible after the transfer of risks, and checks the characteristics and quantity, checks integrity of the wrapping and packaging. If he/she finds any fault, he/she is obligated to inform the Seller, or the mail carrier immediately, and the Customer is entitled not to accept the product. If the Customer accepts the faulty product, he/she has to demonstrate the faults in the protocol. If he/she does not do this, his/her rights related to faulty performance expire.

7.3 The Seller guarantees to the Customer that the product is not faulty at delivery. At the receipt of the product:

7.3.1 can be characterised by the properties agreed by both sides on, or by the properties described by the Seller, or expected by the Customer with respect to the promotion and character of the product, if the agreement is missing,

7.3.2 can be used to the purpose stated by the Seller, or to the purpose which it is commonly used

7.3.3 corresponds to the sample or specimen with its quality, if the quality was determined this way,

7.3.4 is of proper amount, measure, or weight, and

7.3.5 is in accordance with the law.

7.4 If the fault occurs within six months after receipt, it is considered to be present at the time of receipt.

7.5 Any fault is a significant violation of the Seller's obligations, if the Seller was aware or should have been aware that the other party would not conclude the Contract, if he/she could expect the fault. In other cases, it is not a significant violation.

7.6 If the faulty performance is a significant violation of the Contract, then the Customer is entitled to request a new delivery, repair, reasonable discount, or cancellation of the Contract.

7.7 If the faulty performance is not a significant violation of the Contract, the Customer is entitled to request repair, or a reasonable discount.

7.8 The Customer is obligated to notify the fault to the Seller immediately after he/she has discovered it having checked and cared for the product. If the fault is hidden, the Customer is obligated to notify the fault to the Seller immediately, when he/she has discovered it, within two years at the latest. During the complaint or immediately after, the Customer informs the Seller about the motive for the complaint he/she chose. If he/she does not do this in time, then he/she is entitled to a complaint in accordance with paragraph 7.7, even if the fault is a significant violation of the Contract.

7.9 These rights can be executed at the Seller's premises, if it is possible in respect to the scope of the products being sold, or at the place where it is based, or other premises. Or the Customer must declare his rights to the party authorized for the repair that is stated in the certificate by the Seller, if it is closer to the Customer. The complaint is considered applicable at the moment it is received.

7.10 Complaint does not affect the obligation of the Customer to pay for the product. The statute of § 2108 of the Civil Code is not effective. This paragraph cannot be used if the Consumer is the Customer.

7.11 The Customer cannot either cancel, or request a new delivery, if he/she cannot deliver the product in the state it was received. This is not effective:

7.11.1 if the changes are a result of the inspection performed to find faults,

7.11.2 if the Customer used the product before discovering the fault,

7.11.3 if the Customer did not cause the inability to fix the product in its unchanged state by some activity, or neglect, or

7.11.4 if the Customer should sell the product before finding any fault, have consumed it, or have modified the product during usage, if it happened only partially, the Customer reclaims only what he/she can reclaim, and will refund the Seller up to the extent he/she made use of the product.

Rights related to faulty performance in respect to legal obligation

7.12 The Customer is entitled to apply the right of fault, if the fault occurs within twenty-four months after receipt, unless it is a product of lower price and the fault is the reason for the lowered price, for wear caused by casual usage, in the case of a used product, to any fault appropriate to its usage and wear, or that the product had at the time of delivery, or it affects the nature of the product.

7.13 If the product does not apply to the characteristics mentioned in paragraph 7.3, the Customer may even request a new product without faults, as long as it is reasonable in respect to the nature of the product. If the fault involves only part of the product, the Customer can request exchange of that part; if it is not possible, the Customer may cancel the agreement. If it is unreasonable in respect to the nature of the fault, especially if it is possible to repair the fault, the Customer is entitled to request free repair.

7.14 The Customer is entitled to request a new product, or exchange of the part, even if the fault may be repaired, if he/she cannot use the product due to a repeated occurence of the same fault, or multiple faults at the same time. In that case, the Customer is entitled to cancel the agreement.

7.15 If the Customer does not cancel, or does not apply their right for a new product, exchange of the part, or repair, he/she may request a discount. The customer is entitled to request a discount even in the case that the Seller cannot deliver a new product, exchange the part, or repair it, and in the case the Seller does not react within a reasonable time limit, or the reclamation would cause discomfort to the Customer that is the Consumer.

7.16 The customer is not entitled to take advantage of this right, if he/she knew about the fault, or he/she caused it.

7.17 If there is any time limit stated in which the product can be used for casual usage, the Seller guarantees that the product will be functional to use during this time, or that it will keep its properties. If there are multiple time limits, the longest of them is considered effective. But the agreement of the parties is the priority.

7.18 The rights related to a faulty performance within obligation of paragraphs 7.12 to 7.17, including the right to cancel in accordance with paragraph 8.4, will not be effective, if the Customer is an entrepreneur and it is obvious that the purchase is related to his/her business at the conclusion of the Contract.

8. Cancellation of the Contract

8.1. The Seller is entitled to cancel the Contract, if the product is not in production any longer, is not delivered, or its price has significantly changed.

8.2. If there is money to be refunded to the Customer in relation with such a back-out, the Seller will refund it using the same method the Customer did when he/she paid.

8.3. If there is a gift associated to the Contract, there must be a deed for the gift concluded where there is a resolutory condition that in the case of a cancellation this deed is not effective and the Customer is obligated to return the gift.

8.4. The Customer is entitled to cancel the Contract in accordance with paragraphs 7.6 and 7.14.

Cancellation of the Contract by the Consumer

8.5. The Consumer is entitled to cancel the Contract within fourteen days. There are different properties according to the type of Contract:

8.5.1. If it is a purchase contract, then the course starts on the day of delivery receipt.

8.5.2. If it is a contract that involves several types of products, or a delivery of several parts, then the course starts on the day of the last delivery.

8.5.3. If it is a contract that involves regular delivery of the products, then the course starts on the day of the receipt of the first delivery.

8.6. The Consumer takes into account that in accordance with the statute of § 1837 of the Civil Code he cannot cancel the Contract of delivery, that was modified according to his/her wish, that is perishable, or the product should be unwrapped and it is not possible to refund it, delivery of a sound or video recording, or the software which was unwrapped, delivery of a newspaper, magazines, or delivery of digital content, unless it was delivered on a physical carrier and was delivered with the previous agreement of the Consumer prior the end of the course for backing-out.

8.7. If the Consumer wants to cancel the Contract, he/she may use the form provided by the Seller that is enclosed to the Terms. The back-out form must be sent to the email address of the Seller: info@metalshop.us, it will be confirmed to the Consumer immediately in writing.

8.8. The cancellation must be done immediately, in fourteen days at the latest the Consumer must deliver or send the product that he/she received. The Consumer is aware of the fact that he/she shares in the costs of cancellation. The product must be returned clean, in its original cover, including all accessories and intact. If the product is not intact, the Seller is entitled to unilaterally figure in the claim for damages in accordance with this paragraph.

8.9. Within fourteen days of cancellation the Seller must refund the Consumer all funds received from him/her, including the expenses of the cheapest transport. The Seller is not obligated to refund the Consumer sooner than the Consumer proves that he/she has already sent the product, or when the Seller will receive it. The Consumer agrees that he/she will be refunded by the same method used for payment.

8.10. The Consumer is entitled to cancel the Contract in accordance with paragraph 5.9.

9. Private data protection

9.1. Private data protection of the Customer is governed by the law n. 101/2000 Sb., of the personal data protection, in accordance with later regulations.

9.2. The Customer agrees with the following personal data: name and surname, billing address, identification number, VAT identification number, email address, phone number, account number, IP address (from now on "personal data")

9.3. The purpose of personal data processing is the realization of the rights and obligations related to the Contract, including delivery and payment, providing the User account and marketing needs of the Seller. If the Customer does not agree with the processing of some personal data, it is not an obstruction in concluding the Contract.

9.4. The Customer's personal data will be processed for an indefinite time either in electronical form, or in writing.

9.5. The Customer is aware of his/her obligation to fill in true and complete data at the registration of his/her User account. If there are any changes in the data, the Customer is obligated to inform the Seller about these.

9.6. The Seller is entitled to delegate personal data processing to a third party processor. The Seller must keep the data of the Customer private, only the mail carrier and payment can be of exception.

9.7. The Customer is entitled to access his/her personal data. The Seller is entitled to charge q reasonable price for personal data processing, but these expenses must not be higher than the necessary expenses. If the Customer considers his personal data to be processed badly or in contradiction with the law, the Customer is entitled to request an explanation of the processed personal data in the sense of paragraph 9.6. The Customer is entitled to request a correction of this detrimental situation.

9.8. The Customer is entitled to cancel his agreement with Personal data processing anytime.

Sending newsletters and storing cookies

9.9. If the Customer does not claim otherwise at the time of order, the Seller considers that he/she agreed with the sending of newsletters related to the services, products, or the premises of the Seller. The Customer is entitled to cancel his/her agreement anytime, this must be done in writing at the Seller's billing address, or via the link at the end of the newsletter.

9.10. The Provider should inform the User that he/she will process cookies in accordance with the statute of § 89 paragraph 3 of the law n. 127/2005 Sb., of the electronical communication, including permanent cookies files, and the User agrees with that. The agreement is valid for 10 years.

9.11. The Customer is entitled to cancel his/her agreement with cookies processing in the settings of his/her browser.

9.12. The Provider should process rthe User's cookies to improve the Website and the personalization of content and advertisements, providing functions of social media and analysis of the visitation rate.

10. Electronic Registration of Sales

10.1. "The Seller is obligated to provide to the Buyer a bill for the purchase made according with Czech Law on the Electronic Records of Sales (EET). The Seller is at the same time also obligated to register the received payment online by the Tax Administrator; in case of a technical failure in no more than 48 hours."

11. Final Provisions

11.1. The rights and obligations between the Seller and the Customer are governed by the law system of the Czech Republic, especially by the Civil Code.

11.2. There are no moral codexes of behavior between the seller and the customer in the sense of §1816, paragraph 1, letter e) of Law 89/2012 Sb., the Civil Code.

11.3. In the case of User Registration all the conditions of the statute § 1752 paragraph 1 of the Civil Code are fulfilled and the Seller is entitled to unilaterally modify the Terms. This does not affect the rights and obligations that came into existence before the changes. The changes must be published on the Website and/or via email address in the Website database. The User is entitled to refuse these changes within three workdays of the first login to the User account after the changes are made (if the changes are published on the Website), or from the delivery of the message to his/her email address (if the changes are published by email), and to denounce the obligation in three days, which is the time needed to get a similar product from another supplier.

11.4. The Contact of the Seller: billing address METALSHOP.CZ, s.r.o., 174 Bystřice (premises of the former brickyard), 73995 Bystřice (district of Frýdek-Místek), email address: info@metalshop.us, +420 228 885 606

11.5. EU Commission prepared a platform for extrajudicial dispute resolution. Consumers have the opportunity to resolve disputes related to online orders first without the intervention of a judge. This dispute resolution platform is reachable under this external link: https://ec.europa.eu/consumers/odr/. However we are not obliged to and we are not going to participate in any alternative dispute settlements before out-of-court (non-judicial) entities accordingly to the EU Online Dispute Resolution regulation (https://ec.europa.eu/odr). If you have a complaint about the goods you've received, please contact us at info@metalshop.us

11.6. The Terms come into force on 3.6.2016.

 


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