Terms and conditions

1. Basic Provisions

These general terms and conditions (hereinafter referred to as the “ Terms and Conditions ”) are issued pursuant to Section 1751 and following paragraphs of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “ Civil Code ”)

Vladimír Marciš
ID number: 05013551VAT number: CZ9505045374

Account number EUR: 2101707733/2010
IBAN: CZ9120100000002101707733
BIC (SWIFT): FIOBCZPPXXX

Shop: Dukelská 686, Třinec, 73961, Czech republic

Contact details:

Email: info@bestpyro.de
Tel. No.: +420 775 760 500
www.bestpyro.eu

(hereinafter referred to as "Seller")

• These Terms and Conditions regulate the mutual rights and obligations of the Seller and the natural person who, outside his business activity, as a consumer (hereinafter referred to as the " Buyer "), purchases the Goods via the web interface available on the website www.bestpyro.eu (hereinafter referred to as the "Online Shop"). “) concludes a purchase contract.

• The provisions of these Terms and Conditions constitute an indivisible part of the purchase contract. Any deviating provisions agreed in the purchase contract shall prevail over the provisions of these Terms and Conditions.

• The terms and conditions and the purchase contract are available in the Czech language.

 

1. product and price information

Information about the goods, including the price of the individual goods and their main characteristics, is provided for each individual product in the online store catalogue. The prices of goods include VAT, all related fees and costs for returning the goods if, due to their nature, these goods cannot be returned by regular mail. The prices of goods are valid as long as they are displayed in the online store. This provision does not exclude the agreement of a purchase price under individually agreed conditions.

• All representations of the goods placed in the online store's catalogue are of an informative nature and the seller is not obliged to conclude a purchase contract for these goods.

• The online store also contains information about the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods provided in the online store applies only in cases where the goods are delivered within the Czech Republic.
• Any discounts on the purchase price cannot be combined unless the seller and buyer agree otherwise.

3. Order and conclusion of contract

• Costs incurred by the Buyer when using distance communication means in connection with the conclusion of the contract (costs for internet connection, costs for telephone calls) shall be borne by the Buyer himself, whereby these costs do not differ from the basic rate.
• The Buyer places the order in the following ways: through his user account, provided he has previously registered in the online store, using the completed order form without registration.
• When placing an order, the buyer selects the goods, quantity, payment method and delivery method.

• Before sending the order to the Seller, the Buyer is given the opportunity to check and change the data he has entered in the order. The Buyer sends the order to the Seller by clicking the "Send order" button. The Seller considers the data provided in the order to be correct. The condition for the order to be valid is that all mandatory data in the order form is filled in and the Buyer confirms that he has read these Terms and Conditions.

• By submitting an order in the online shop, the buyer agrees to receive business communications from the seller. These are not mandatory and can be unsubscribed as soon as the first business communication has been accepted.
• Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer provided when placing the order. This confirmation is automatic and is not considered to be the conclusion of a purchase contract. The confirmation is accompanied by the seller's current terms and conditions. The purchase contract is only concluded after the seller has received the order. The order confirmation is sent to the buyer's e-mail address. /Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer provided when placing the order. This confirmation is considered to be the conclusion of a purchase contract. The confirmation is accompanied by the seller's current terms and conditions. The purchase contract is confirmed by the seller's confirmation of the order to the buyer's e-mail address.

• In case the Seller cannot meet any of the requirements specified in the order, he will send the Buyer a modified offer to the Buyer's e-mail address. The modified offer is considered a new offer to conclude a purchase agreement and the purchase agreement is only concluded upon acceptance by the Buyer to the Seller's e-mail address included in these Terms and Conditions.

• All orders confirmed by the Seller are binding. The Buyer may cancel the order as long as the Buyer has not received a notice of confirmation of the order by the Seller. The Buyer may cancel an order by calling the Seller's telephone number or email address included in these Terms and Conditions.
• If an obvious technical error occurs on the part of the Seller when displaying the price of the goods or during the ordering process in the online store, the Seller is not obliged to deliver the goods to the Customer at this obviously incorrect price. This is not the case even if the Buyer has received an automatic confirmation of receipt of the order in accordance with these Terms and Conditions. The Seller will inform the Buyer of this without undue delay and send the Buyer an amended offer to his e-mail address. The amended offer is considered a new application to conclude the purchase agreement and the purchase agreement is concluded in this case by the Buyer's confirmation of acceptance sent to the Seller's e-mail address.
• If the buyer intends to purchase, own or carry a category D weapon as defined in Section 7 of Act No. 119/2002 Coll. on firearms and ammunition for himself or another person, he declares at the same time as sending the offer that he is over 18 years of age and a person with legal capacity or is authorized to act on behalf of a legal person. If the contrary is proven or there is reasonable doubt about the fulfillment of the requirement specified in Section 15 Paragraph 1 of the Weapons Act, the buyer is obliged not to make the requested offer or to withdraw from the contract.

4. User account

• Based on the buyer's registration in the online store, the buyer has access to his user account. The buyer can order goods from his user account. The buyer can also order goods without registration.

• When registering in the user account and ordering goods, the buyer is obliged to provide correct and truthful information. The buyer must update the information provided in the user account in case of any changes. The seller considers the information provided by the buyer in the user account and when ordering goods to be correct.
• Access to the user account is secured with a user name and password. The buyer is obliged to maintain confidentiality regarding information that is essential for accessing his user account. The seller is not liable for any misuse of the user account by third parties.
• The buyer is not entitled to allow third parties to use the user account.
• The Seller may delete the User Account, in particular if the Buyer does not use his User Account for a long period of time or if the Buyer violates his obligations under the Purchase Agreement (including the Terms and Conditions).
• The Buyer acknowledges that the User Account does not have to be accessible continuously, particularly in view of the necessary maintenance of the Seller's hardware and software equipment or the necessary maintenance of the hardware and software equipment of third parties.

5. Terms of payment and delivery of goods

• The Buyer may pay the price of the goods and any costs associated with the transport of the goods under the Purchase Agreement to the Seller in the following ways:
•  
• cashless by bank transfer to the Seller’s account No. 2101707733/2010, held at the Fio banka,
• cash on delivery upon receipt of the goods,

• The buyer is obliged to pay the seller, together with the purchase price, the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price is also understood to include the costs associated with the delivery of the goods.

• In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 14 working days of the conclusion of the purchase contract.

• In case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled when the corresponding amount is credited to the Seller’s account.

• The Seller does not require any deposit or other similar payment from the Buyer. Payment of the purchase price before dispatch of the goods is not considered a deposit.
• According to the Electronic Sales Record Act (EET), the seller is obliged to always provide the buyer with a receipt. At the same time, he is obliged to submit the receipt electronically to the tax authority; in the event of a technical failure, within 48 hours.
• The goods will be delivered to the buyer as follows:
• to the buyer’s address stated in the order,
• via the delivery point specified by the buyer,
• by personal collection at the seller’s premises.
• The choice of delivery method is made when the order is placed.
• The costs of delivery of the goods are specified in the Buyer's order and in the Seller's order confirmation, depending on the method of dispatch and receipt of the goods. If the method of delivery is agreed upon based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of delivery.

 

• If the Seller is obliged under the Purchase Agreement to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the Buyer, the goods have to be delivered repeatedly or in a different manner than specified in the order, the Buyer is obliged to bear the costs of repeated delivery of the goods or in connection with a different method of delivery.
• When taking over the goods from the carrier, the buyer is obliged to check whether the packaging of the goods is undamaged. If there are any defects, the buyer must immediately inform the carrier. If the packaging is damaged and it is suspected that someone has entered the shipment without authorization, the buyer does not have to accept the delivery from the carrier.
• The seller issues a tax receipt – an invoice to the buyer. The invoice is sent to the buyer’s email address./ The tax receipt is enclosed with the delivered goods.

• The buyer acquires ownership of the goods by paying the entire price of the goods, including delivery costs, but at the earliest by taking delivery of the goods.
• Liability for accidental damage, breakage or loss of the goods passes to the buyer at the time of taking over the goods or at the time when the buyer was obliged to take over the goods but failed to do so in contravention of the purchase contract.

6. Withdrawal from the contract

• The buyer who has concluded the purchase contract outside his business activity as a consumer has the right to withdraw from the contract.

 

• The deadline for withdrawal from the contract is 14 days
• from the receipt of the goods
• from the day of acceptance of the last delivery of goods, provided that the subject matter of the contract is several types of goods or delivery of several parts of goods,
• from the day of acceptance of the first delivery of goods, provided that the subject matter of the contract is regular, recurring deliveries of goods.
• The buyer cannot withdraw from the purchase contract in the following cases, among others:
• when providing services, if they were performed with his prior express consent before the expiry of the period for withdrawal from the contract and the Seller informed the Buyer before concluding the contract that in such a case he had no right to withdraw from the contract,
• Supplies of goods or services whose price depends, independently of the will of the seller, on fluctuations in the financial market that may occur during the period for withdrawal from the contract,
• Supply of alcoholic beverages which can only be delivered after thirty days and whose price depends on fluctuations in the financial market, regardless of the seller's will,
• Deliveries of goods that have been modified according to the wishes of the buyer or for his person,
• Delivery of perishable goods and goods that have been irreversibly mixed with other goods after delivery,
• Deliveries of goods in closed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons,
• Delivery of audio or video recordings or computer programs, provided that the original packaging has been damaged,
• Delivery of newspapers, periodicals or magazines,

 

• Delivery of digital content, if it was not delivered on a data carrier and with the prior express consent of the Buyer before the expiry of the period for withdrawal from the contract and the Seller informed the Buyer before concluding the contract that in such a case he would not have the right to withdraw from the contract, in other cases specified in Section 1837 of the Civil Code.
• In order to meet the deadline for withdrawal from the contract, the buyer must send a declaration of withdrawal from the contract within the deadline for withdrawal from the contract.
• To withdraw from the purchase agreement, the Buyer may use the sample form for withdrawal from the contract provided by the Seller. The Buyer sends the withdrawal from the purchase agreement to the Seller's email address or delivery address specified in these Terms and Conditions. The Seller will immediately confirm receipt of the form to the Buyer.
• The Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawal from the contract. The Buyer shall bear the costs associated with returning the goods to the Seller. This also applies if the goods cannot be returned by regular mail due to their nature.
• If the Buyer withdraws from the contract, the Seller shall immediately, but no later than within 14 days of withdrawal from the contract, return to the Buyer all funds received from the Buyer, including delivery costs, in the same manner in which they were received. The Seller shall return the funds received to the Buyer in a different manner only if the Buyer agrees to this and if this does not entail any additional costs for the Buyer.

• If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the funds received to the Buyer until the Buyer returns the goods or proves that he has sent the goods to the Seller.
• The buyer must return the goods to the seller undamaged, unused and clean and, if possible, in the original packaging. The seller can unilaterally offset his claims for compensation for damage to the goods against the buyer's claim for reimbursement of the purchase price.

• The Seller may withdraw from the Purchase Agreement if stocks are sold out, the goods are unavailable or if the manufacturer, importer or supplier of the goods has stopped production or import of the goods. The Seller shall immediately inform the Buyer via the e-mail address provided in the order and shall return to the Buyer all financial means, including delivery costs, received from the Buyer under the Contract in the same manner as received from the Buyer, or in a different manner specified by the Buyer, within 14 days of notification of withdrawal from the Purchase Agreement.

7. Rights arising from defective performance

• The seller is liable to the buyer for ensuring that the goods are free from defects at the time of receipt. In particular, the seller is liable to the buyer at the time of receipt by the buyer for the following:
• the goods have the properties that the parties have agreed upon and, in the absence of such agreement, have such properties that the seller or manufacturer has described or that the buyer expected in view of the nature of the goods and the advertising relating to them,
• the goods are suitable for the purpose for which the seller specifies their use or for which goods of this type are normally used,
• the goods correspond to the quality or design of the contract sample or template, if the quality or design was determined according to a contract sample or template,
• the goods are available in the appropriate quantity, size and weight and
• the goods comply with the requirements of the law.

 

1. If a defect occurs within 6 months of delivery, it is presumed that it already existed at delivery. The buyer is entitled to assert his right based on a defect that occurs in consumer goods within a period of twenty-four months from receipt. This provision does not apply to goods that were sold at a lower price due to a defect, to goods that were used due to normal use, to goods that have a defect that corresponds to normal use or wear and tear that the goods had when taken over by the buyer or if this is due to the nature of the goods.

• If a defect occurs, the buyer may submit a complaint to the seller and request the following:

• exchange for new goods
• repair of the goods
• reasonable discount from the purchase price,
• withdrawal from the contract.
• The buyer has the right to withdraw from the contract,
• if the goods have a significant defect,
• if he cannot use the item properly due to a recurring defect or defects after a repair,
• if the goods have a large number of defects.
• The seller is obliged to accept complaints at any of its premises where it is possible to accept complaints. If necessary, the seller must also accept complaints at its registered office or business premises. The seller is obliged to provide the buyer with a written confirmation of when the buyer asserted his right, what the subject of the complaint is and what method of settlement of the complaint the buyer requires. The seller must also confirm the date and method of settlement of the complaint, as well as the performance of repairs and the duration of the repairs and, if necessary, provide a written justification for a rejected complaint.
• The Seller or an employee appointed by him will decide on the complaint immediately, in complicated cases within three working days. This period does not include the period appropriate for the type of product or service for the professional assessment of the defect. The complaint, including the elimination of the defect, must be settled immediately, at the latest within 30 days from the date of the complaint, unless the Seller agrees a longer period with the Buyer. Failure to comply with this period will be considered a material breach of the contract and the Buyer will have the right to withdraw from the contract. The time of asserting the complaint is the time when the Buyer expresses his will to the Seller (assertion of the right due to defective performance).
• The seller will inform the buyer in writing about the outcome of the complaint.
• The buyer has no right to claim for defective performance if the buyer knew before taking delivery of the item that the item was defective or if the buyer caused the defect himself.
• In the event of a justified complaint, the Buyer has the right to full reimbursement of the expenses incurred in connection with the complaint. The Buyer may exercise this right with the Seller within one month from the expiry of the warranty.
• The choice of the type of complaint is at the discretion of the buyer.
• The rights and obligations of the contracting parties regarding the rights arising from liability for defects are governed by 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.
• The further rights and obligations of the contracting parties related to liability for defects are regulated by the Seller's complaints procedure.

8. Delivery

• The contracting parties may send all written correspondence to each other by electronic mail.
• The Buyer shall send correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall send correspondence to the Buyer at the email address specified in his user account or in his order.

9. Out-of-court settlement of disputes

• The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Praha 2, ID No.: 000 20 869, web: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The platform for online dispute resolution is available on the web at http://ec.europa.eu/consumers/odr , which can be used to settle disputes between the seller and the buyer arising from the purchase contract.
• The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, web: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
• The seller is entitled to sell goods on the basis of a trade license. Trade supervision is carried out within the scope of its activity by the relevant trade office. The Czech Trade Inspection Authority supervises, within certain limits, compliance with Act No. 634/1992 Coll., on consumer protection.

10. Final provisions

• All agreements between the seller and the buyer are governed by the laws of the Czech Republic. If the contractual relationship based on the purchase contract contains an international element, the parties agree that this relationship shall be governed by the laws of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
• In relation to the Buyer, the Seller is not bound by any code of conduct within the meaning of Section 1826 Paragraph 1 Letter e) of the German Civil Code.
• All rights to the seller's websites, in particular copyrights to the content, including the layout of the page, photos, films, graphics, trademarks, logos and other content and elements, are owned by the seller. It is prohibited to copy, modify or use the websites or parts thereof in any other way without the seller's written consent.
• The Seller is not liable for errors that have arisen as a result of third parties interfering with the online store or using it in a way that is contrary to its purpose. When using the online store, the Buyer may not use any processes that could negatively affect its operation and may not perform any activity that allows him or a third party to interfere with or use the software or any other part of the online store without authorization. Furthermore, the Buyer may not use the online store or its parts or the software of the online store in a way that is contrary to its purpose or purpose.
• The buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 Paragraph 2 of the German Civil Code.
• The purchase contract including the terms and conditions is archived by the seller in electronic form and is not accessible.
• The version of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations that arose during the validity of the previous version of these terms and conditions.
• The appendix to these terms and conditions represents a model form for withdrawal from the purchase contract.

11. PROTECTION OF PERSONAL DATA

9.1. Your data will be treated in accordance with Law 101/2000 Coll. on the protection of personal data, and also in accordance with the expanding and unifying GDPR regulation in the form of Directive (EU) 2016/679, which amends the original Law 101/2000 Coll. and replaces Directive 95/46/EC.

9.2 Your obligation to inform the Buyer pursuant to 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 Regulation”) regarding the processing of the Buyer’s personal data for the purpose of performing the Sales Agreement, for the purpose of negotiating the Sales Agreement and for the purpose of fulfilling public obligations of the Seller, is fulfilled by the Seller through a special GDPR document.