1.1. These terms and conditions ("the terms and conditions") of the commercial company Dronetag s.r.o., with registered office at Veltruská 602/16, Prague 9, 190 00, Czech Republic, identification number: 08198519 (hereinafter referred to as "the seller") regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended ("the Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural or legal person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on a website located at the internet address shop.dronetag.cz (hereinafter referred to as the "website"), using the website interface (hereinafter referred to as the "web interface of the store").
1.2. These terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods within their business activity or within their independent performance of their profession.
1.3. Deviations from the terms and conditions may be agreed in the purchase contract. Deviations in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in Czech. The purchase contract can be concluded in Czech.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the validity of the previous wording of the terms and conditions.
2. User account
2.1. After registering on the website, the buyer can access their user interface and create a user account. From their user interface, the buyer can place orders for goods (hereinafter referred to as "user account"). If the online store interface allows it, the buyer can also place orders without registering directly from the online store interface.
2.2. When registering on the website and placing orders for goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is required to update the information in their user account when it changes. The information provided by the buyer in their user account and when placing orders for goods is considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to keep confidential the information necessary to access their user account.
2.4. The buyer is not authorized to allow third parties to use their user account.
2.5. The seller may cancel the user account, especially if the buyer does not use their user account for more than 12 months, or if the buyer violates their obligations under the purchase contract (including the terms and conditions).
2.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.
3. CONCLUSION OF PURCHASE AGREEMENT
3.1. All product presentations placed in the web interface of the store are of informative nature, and the seller is not obliged to conclude a purchase agreement regarding this product. The provision of Section 1732 (2) of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the products, including the prices of individual products and the costs for returning the goods if the goods cannot be returned by regular mail due to their nature. The prices of the products are stated including value-added tax and all related charges. The prices of the products remain valid for the period they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase agreement under individually agreed conditions.
3.3. The web interface of the store also contains information about the costs associated with packaging and delivering the goods. Information about the costs associated with packaging and delivering the goods stated in the web interface of the store applies only if the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
3.4.1. the ordered goods (the buyer "places" the ordered goods into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, information on the desired method of delivery of the ordered goods, and
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
3.5. Before sending the order to the seller, the buyer is allowed to check and change the information that he/she entered into the order, even with regard to the possibility of the buyer to identify and correct any errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the "Complete Order" button. The information provided in the order is considered correct by the seller. The seller immediately confirms the receipt of the order to the buyer by electronic mail, to the electronic address of the buyer stated in the user account or in the order (hereinafter referred to as the "buyer's electronic address").
3.6. Depending on the nature of the order (quantity of goods, purchase price, expected shipping costs), the seller is always entitled to request the buyer's additional confirmation of the order (e.g., in writing or by phone).
3.7. The contractual relationship between the seller and the buyer arises upon the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by electronic mail to the buyer's electronic address. The acceptance of the order is deemed delivered to the buyer when the acceptance is received by the information system of the buyer's electronic address (incoming mail server).
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the sales contract to the seller in the following ways:
in cash at the seller's establishment at the address Street, No., Postal Code, City;
in cash on delivery at the location designated by the buyer in the order;
by bank transfer to the seller's account No. 123456789/0100, held at Komerční banka (hereinafter referred to as the "seller's account");
electronically through the payment system named Název;
by payment card;
through a credit provided by a third party.
4.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods as agreed. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3. The seller does not require a deposit or any similar payment from the buyer. This does not affect the provision of article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cash payment or payment on delivery, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 14 days from the conclusion of the purchase contract.
4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the payment variable symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment when the relevant amount is credited to the seller's account.
4.6. The seller is entitled, in particular, if the buyer fails to confirm the order subsequently (article 3.6), to demand payment of the entire purchase price before the goods are sent to the buyer. The provision of § 2119 para. 1 of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
4.8. If it is customary in commercial practice or is provided by generally binding legal regulations, the seller issues a tax document - an invoice regarding payments made based on the purchase contract to the buyer. The seller is/is not a value-added tax payer. The tax document - invoice is issued by the seller to the buyer after the price of the goods has been paid and sent in electronic form to the buyer's electronic address.
4.9. Under the Act on the Registration of Sales, the seller is required to issue a receipt to the buyer. At the same time, the seller is obliged to register the received revenue with the tax administrator online; in case of technical outage, no later than within 48 hours.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The buyer acknowledges that, in accordance with Section 1837 of the Civil Code, it is not possible to withdraw from a purchase agreement for the delivery of goods that have been modified according to the buyer's wishes or for their personal use, for the delivery of goods subject to rapid deterioration, for goods that have been irreversibly mixed with other goods after delivery, for goods in a closed package that the consumer has taken out of the packaging and that cannot be returned for hygienic reasons, and for the delivery of audio or video recordings or computer programs if the buyer has breached their original packaging.
5.2. If it is not a case referred to in Article 5.1 of the terms and conditions or another case where withdrawal from the purchase agreement is not possible, the buyer has the right to withdraw from the purchase agreement within fourteen (14) days of taking over the goods in accordance with Section 1829 (1) of the Civil Code. In the case of a purchase agreement for several types of goods or for the delivery of several parts, this period runs from the receipt of the last delivery of the goods. Withdrawal from the purchase agreement must be sent to the seller within the period specified in the previous sentence. The buyer may use the model withdrawal form provided by the seller, which is attached to the terms and conditions, to withdraw from the purchase agreement. The buyer may send the withdrawal from the purchase agreement to the seller's business premises or to the seller's email address firstname.lastname@example.org, among other things.
5.3. In the event of withdrawal from the purchase agreement under Article 5.2 of the terms and conditions, the purchase agreement is cancelled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days of the delivery of the withdrawal from the purchase agreement to the seller. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular postal service due to their nature.
5.4. In the event of withdrawal from the purchase agreement under Article 5.2 of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase agreement in the same manner as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or in another way, if the buyer agrees to it and does not incur any additional costs. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the funds received from the buyer until the buyer returns the goods to the seller or proves that the goods have been sent back to the seller.
5.5. The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
5.6 In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the goods. In this case, the seller shall refund the purchase price to the buyer without undue delay, without any delay, by cash to the account designated by the buyer.
5.7 If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.
6. TRANSPORT AND DELIVERY OF GOODS
6.1 If the method of transport is agreed upon at the specific request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
6.2 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the goods on delivery.
6.3 If for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
6.4 Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier. This is without prejudice to the buyer's rights under liability for defects in the goods and other rights of the buyer under generally binding legal regulations.
6.5 Further rights and obligations of the parties in the carriage of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
special delivery conditions, if issued by the Seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1 The rights and obligations of the contracting parties with regard to rights of defective performance are governed by the applicable generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2 The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer accepted the goods:
7.2.1. the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the requirements of the legislation.
7.3 If a defect becomes apparent within six months of acceptance, the goods shall be deemed to have been defective upon acceptance.
7.4 The Seller shall have obligations arising from defective performance at least to the extent that the manufacturer's obligations arising from defective performance continue. The buyer is otherwise entitled to assert a right under a defect that occurs in the consumer goods within twenty-four months of acceptance. If the period of time for which the goods may be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in advertising in accordance with other legislation, the provisions on the guarantee of quality shall apply. By guaranteeing the quality, the seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a certain period of time. If the buyer has rightly accused the seller of a defect in the goods, the time limit for exercising rights under the defective performance and the warranty period shall not run for the period during which the buyer cannot use the defective goods.
7.5 The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods. The buyer is not entitled to the right of defective performance if the buyer knew before taking over the goods that the goods were defective or if the buyer caused the defect.
7.6 Liability rights for defects in the goods shall be asserted against the Seller. If, however, the certificate issued to the Seller regarding the scope of the rights of liability for defects (within the meaning of Section 2166 of the Civil Code) indicates another person designated for repair who is in the Seller's location or in a location closer to the Buyer, the Buyer shall exercise the right to repair with the person designated to carry out the repair. Except in cases where another person is designated to carry out the repair pursuant to the preceding sentence, the Seller shall be obliged to accept the claim at any establishment where the acceptance of the claim is possible with regard to the range of products sold or services provided, or, where applicable, at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires; as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint. This obligation also applies to other persons designated by the Seller to carry out the repair.
7.7 The Buyer may specifically exercise his rights under the liability for defects in the goods in person at Brodská 570, 26101, Příbram by telephone at + 420 604 111 111 or by e-mail at email@example.com
7.8 The Buyer shall notify the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer has requested the repair of a defect that proves to be irreparable.
7.9 If the goods do not have the characteristics set out in Article 7.2 of the Terms and Conditions, the Buyer may also demand the delivery of new goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the goods, the Buyer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract. If, however, this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer is entitled to have the defect remedied free of charge. The buyer is also entitled to the delivery of new goods or the replacement of a part in the case of a removable defect if he cannot use the goods properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to delivery of new goods without defects, to replacement of parts or to repair of the goods, he may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller is unable to deliver new goods without defects, replace a part of the goods or repair the goods, as well as if the seller fails to remedy the defect within a reasonable time or if it would cause the buyer considerable difficulty to remedy the defect.
7.10. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The Buyer acquires ownership of the Goods upon payment of 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) of the Civil Code.
8.3 Consumer complaints are handled by the Seller via the electronic address firstname.lastname@example.org. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address.
8.4 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
8.5 The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
8.6 The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.7 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. DATA PROTECTION
9.1 The Seller shall fulfil its information obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") relating to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations of the Purchase Contract and for the purposes of the performance of the Seller's public obligations by means of a separate document.
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1 The Buyer agrees to the sending of commercial communications by the Seller to the Buyer's electronic address or telephone number in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document.
10.2 The Buyer agrees to the storage of cookies on his computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase contract can be fulfilled without storing cookies on the buyer's computer, the buyer may withdraw the consent according to the previous sentence at any time.
11.1 The Buyer may be served at the Buyer's electronic address.
12. FINAL PROVISIONS
12.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship shall be governed by Czech law. By choosing the law according to the preceding sentence, the buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4 A sample form for withdrawal from the Purchase Contract is attached to the Terms and Conditions.
12.5 Contact details of the Seller: address for delivery Dronetag s.r.o. Veltruská 602/16, Prague 9, 190 00, Czech Republic, e-mail address email@example.com, telephone +420 602 870 462.