General Terms and Conditions
to Mc TREE a.s., ID No.: 25071939, with registered office at Prague 9, Živanická 26, Postal Code: 19017, registered in the Commercial Register maintained by the Municipal Court in Prague under file No. B 4246 (hereinafter referred to as the "Seller"), for the sale of goods through an on-line shop located at the following Internet address:
www.lord.eu
(hereinafter referred to as the "Online Shop").
I. BASIC PROVISIONS
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), and regulate, in accordance with the provisions of Section 1751 (1) of the Civil Code, the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded through the online store between the Seller and a natural person (entrepreneur or consumer) or legal entity (hereinafter referred to as the "Buyer").By submitting an order, the Buyer confirms that he/she has read these GTC, which form an integral part of the notice before concluding the purchase contract. The Buyer further acknowledges that according to the provisions of § 1751 of the Civil Code, these GTC are an integral part of any purchase contract concluded between the Seller and the Buyer.
II. DEFINITION OF TERMS
A consumer is anyone who, outside the scope of his/her business activity or outside the scope of the independent exercise of his/her profession, concludes a contract with the seller or otherwise deals with him/her.
An entrepreneur is a person who independently carries on, on his own account and responsibility, a gainful activity by trade or similar means with the intention of doing so on a continuous basis for profit. Any person who enters into contracts in connection with his own business, manufacturing or similar activity or in the actual exercise of his profession, or who acts in the name or on behalf of an entrepreneur, shall also be regarded as an entrepreneur. For the purposes of the GTC, an entrepreneur is defined as one who acts in in accordance with the preceding sentence in the course of his business activity. If the Buyer provides his/her identification number in the order, he/she acknowledges that the rules set out in the GTC for entrepreneurs apply to him/her and that the rules set out in the GTC for consumers do not apply to him/her.
A contract of sale is a contract concluded between the seller and the buyer, the subject of which is the transfer of ownership of the goods published in the online store. The purchase contract is concluded in the Czech language. The contract of sale shall be archived after its conclusion only for the time necessary for the implementation of the rights and obligations of the parties, during which time it may be made available upon written request of the consumer. The GTC are an integral part of the purchase contract.
The place of performance for all contractual relations concluded between the Seller and the Buyer is Boleslavská 1391, 25001 Brandýs nad Labem-Stará Boleslav
III. AGREEMENTS PRIOR TO THE CONCLUSION OF THE PURCHASE AGREEMENT
The Seller informs that:
a)
the cost of the means of distance communication shall be borne by the Buyer and shall not differ from the basic rate (in the case of internet and telephone connection according to the terms and conditions of the Buyer's operator, the Seller shall not charge any additional fees, this does not apply to any contractual transport);
b)
Requires payment of the purchase price prior to Buyer's acceptance of performance from Seller, or the obligation to pay a deposit or similar payment applies to Buyer's requirements not to provide specific services, if required and provided;
c)
the prices of goods and services in the online shop are quoted in Czech currency and are final, i.e. including VAT, the amount of which corresponds to the relevant legislation in force at the time of conclusion of the purchase contract, including any charges provided for by law, however, the cost of delivery of goods or services varies according to the chosen method and provider of transport and method of payment; in the event that VAT changes before the conclusion of the purchase contract or until the goods are dispatched, the buyer shall, taking into account the type of payment chosen by the buyer, the buyer is obliged to pay the outstanding amount of the purchase price;
d)
the graphic representation of the goods is for information and illustrative purposes only and may not correspond to the actual form of the item;
e)
the purchase contract between the seller and the buyer shall be concluded in the Czech language;
f)
in the event that the consumer has a complaint, he/she may submit it to the following e-mail address
webshop@mctree.cz
, or alternatively, a complaint can be made to a supervisory or state supervisory authority;
g)
in accordance with Regulation No 524/2013 of the European Parliament and of the Council of 21 May 2013, the consumer is entitled to use the European Commission's online dispute resolution platform, available on the website https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=CS, to resolve his dispute with the seller.
Contact
point is the European Consumer Centre Czech Republic, located at Štěpánská567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz;
h)
the seller's contact e-mail address is
webshop@mctree.cz
IV. ORDER
All presentation of goods placed in the online shop is informative and the seller is not obliged to conclude a purchase contract in respect of these goods. The display of goods on the website does not constitute an offer within the meaning of Section 1732(2) of the Civil Code.
The Buyer shall make an offer to conclude a purchase contract by sending a completed order within the online shop by electronic means (hereinafter referred to as the "Order"). A properly completed Order shall be deemed to be an order made via the order form within the online shop, in which the Buyer shall provide all mandatory data that shall be true, complete and otherwise not misrepresented. Mandatory data shall be deemed to include, but not be limited to
exclusively the unambiguous identification of the Buyer, the quantity and type of goods, the delivery address and the Buyer's email address. The Buyer shall be liable for any damages resulting from the provision of information that is not true, complete and otherwise not misrepresented.
An order is an offer to conclude a purchase contract and is binding on the Buyer at the moment of its dispatch. By sending the Order, the Buyer undertakes to pay the purchase price of the goods in the event that a purchase contract is concluded with the Seller. Before sending the Order, the Buyer is allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct errors arising from the data entry in the Order. The data provided in the Order shall be deemed correct by the Seller, unless otherwise agreed between the Buyer and the Seller.
Upon receipt of the Order, the Seller shall confirm its receipt within the meaning of Section 1827(1) of the Civil Code by e-mail (hereinafter referred to as the "Confirmation"). This Confirmation is not an acceptance of the proposal to enter into a contract and serves solely to inform the Buyer that the Order has been delivered to the Seller.
In the event that, after receipt of the Order from the Buyer, the goods to which the Order relates are sold out (in part or in full) or if the purchase price of the goods is changed, the Seller shall inform the Buyer of this fact by email in order to negotiate further action.
The costs of using remote means of communication (telephone, internet, etc.) to carry out the Order itself shall be borne by the Buyer.
V. CONCLUSION OF THE PURCHASE AGREEMENT
The Purchase Contract shall be concluded between the Buyer and the Seller at the moment when the Buyer receives the Seller's express and separate confirmation of acceptance of the proper Order without reservation (i.e. acceptance of the Order), which is sent by the Seller to the Buyer's e-mail address specified in the Order (hereinafter referred to as the "Confirmation of Unconditional Acceptance"), which is not to be confused with the Confirmation having only an informative character. The Confirmation of Unconditional Acceptance is also accompanied by the current version of the GTC (including any annexes thereto). In the event that the Seller does not send the Confirmation of Unconditional Acceptance of a proper Order (acceptance of the offer) within 2 working days of its dispatch by the Buyer, the offer shall be deemed not to have been accepted by the Seller, unless otherwise agreed between the Seller and the Buyer.
By the Purchase Contract, the Seller undertakes to deliver the Goods to the Buyer as the subject of the purchase and to enable the Buyer to acquire title to the Goods and the Buyer undertakes to accept the Goods and to pay the Seller the Purchase Price for the Goods.
In accordance with the provisions of Section 2132 of the Civil Code, the Seller reserves the right of ownership of the Goods and therefore the Buyer shall only become the owner of the Goods upon full payment of the purchase price. However, the risk of damage to the goods passes to the buyer upon receipt of the goods. In the event that the purchase price of the goods is increased after the conclusion of the purchase contract, when the goods have not yet been delivered to the buyer, the seller shall inform the buyer of this fact without undue delay by e-mail, which is not consumer, and if the non-consumer buyer refuses to pay the increased purchase price, the purchase contract shall automatically terminate.
In the event of termination of the Purchase Contract pursuant to the foregoing provision of the GTC, the Buyer shall be entitled solely to a refund of the purchase price paid or part thereof, but not to compensation for any loss incurred in this connection, within the time limits and in the manner provided for in these GTC for withdrawal from the Purchase Contract.
The resulting purchase contract may be amended or cancelled only by agreement of the parties or for lawful reasons, unless otherwise provided in the GTC.
VI. DELIVERY OF GOODS
The Seller shall hand over the Goods to the Buyer as well as the documents relating to the Goods and shall allow the Buyer to acquire title to the Goods in accordance with the Purchase Agreement. The seller shall comply with the obligation to hand over the goods to the buyer if the seller allows the buyer to dispose of the goods at the place of performance and gives the buyer timely notice thereof.
If the seller has to ship the goods, the buyer shall pay the cost of shipping and packing. The amount of the costs will be notified to the Buyer prior to the dispatch of the Order, following the chosen method of delivery. The Seller shall fulfil its obligation to deliver the Goods to the Buyer in the following manner (a)to a Buyer who is not a consumer by handing them over to the first carrier for carriage to the Buyer and allowing the Buyer to exercise its rights under the contract of carriage against the carrier, (b)to a Buyer who is a consumer, as soon as the carrier has handed over the goods to the buyer.
The length of delivery of the Goods and the price of the carriage depends on the method of carriage chosen by the Buyer as part of the Order. The shipping methods offered depend on the current availability of services, their capacity and the distance of the delivery point. In the event that the chosen method of transport is not possible or suitable, the Seller is obliged to inform the Buyer and agree with the Buyer on an alternative method of transport.
The Seller shall hand over the object of purchase to the Buyer in the agreed quantity, quality and design. If the seller delivers a greater quantity of the goods than agreed, the purchase contract shall be concluded even for the excess quantity, unless the buyer has rejected it without undue delay.
If it is not agreed how the goods are to be packed, the seller shall pack the goods in accordance with custom; if not, in a manner necessary for the preservation and protection of the goods. The seller shall provide the goods for carriage in the same manner.
The Buyer shall, on taking personal possession of the goods from the Seller, inspect the goods being taken over, their completeness and the integrity of the packaging. The Buyer shall also check the completeness of the goods on the day of receipt, in particular that the packaging contains everything it is supposed to contain.
Immediately upon delivery, the Buyer is obliged to check the condition of the consignment with the carrier, in particular the number and integrity of the packaging, according to the enclosed waybill or a document with similar content.
The buyer is entitled to refuse to accept a shipment that does not conform to the purchase contract. If the buyer accepts the damaged shipment, he is obliged to describe the damage in the carrier's handover report. Incomplete or damaged shipments must be notified immediately, within 2 working days at the latest, by e-mail and sent to the following address
webshop@mctree.cz , together with a copy of
of the handover report where the damage or incompleteness of the goods is recorded.
These provisions are without prejudice to the statutory time limit for exercising rights arising from defective performance. An additional claim of incompleteness or external damage to the consignment does not deprive the consumer of the right to claim the object of purchase, but it gives the seller the opportunity to prove that there is no breach of the contract of sale.
VII. purchase price
The Buyer undertakes to pay the Seller the purchase price of the Goods in the manner indicated in the Order, being entitled to choose from the following options, if these are indicated in the online shop:
a)
Cash on delivery - the buyer shall pay the money for the goods only upon receipt of the goods from the carrier.
b)
Bank transfer - after receiving the Order (proposal for conclusion of the contract), the Seller will send the Buyer the amount of the purchase price, the account number and the variable symbol of payment. The Buyer shall pay the Goods to the Seller's bank account before the Goods are dispatched, otherwise the Goods will not be dispatched or handed over. This method of payment of the purchase price is considered an advance payment of the purchase price. In the case of this payment method, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount is credited to the Seller's account.
c)
Payment card - after creating an order (contract proposal), the buyer is redirected to a secure payment gateway of the bank, where the buyer enters the necessary data for payment. This method of payment of the purchase price is considered an advance payment of the purchase price.
d)
Cash (personal collection) - the buyer shall pay the price of the goods in cash upon receipt of the goods at the place agreed with the seller (the seller's branch), after confirmation by phone or e-mail from the seller that the goods are in stock at the branch.
The Seller reserves the right to restrict or extend the method of payment of the purchase price according to the nature and conditions of the specific contractual relationship, in which case the Seller shall inform the Buyer by e-mail in order to negotiate further action.
The Seller shall send the Buyer information about the time of payment of the Purchase Price and the information necessary for payment of the Purchase Price together with the Confirmation of unconditional acceptance of the Order (acceptance of the offer). The maturity of the purchase price depends on the method of payment of the purchase price and shall not occur later than at the time of delivery of the goods to the Buyer.
The tax document - invoice containing the basic details of the Purchase Contract will be sent to the Buyer with the Goods or in the form of a link to download them sent by email to the email address the Buyer provides in the Order or by email to the email address the Buyer provides in the Order. All prices of the Goods, including promotional prices, are valid until further notice, while stocks last or for a specified period of time.
However, the Buyer acknowledges that the final prices for the products are quoted after rounding to whole crowns in accordance with the relevant legislation, therefore in specific situations there may be a slight deviation from the purchase price so quoted in the final total of all products purchased, this is due to the rounding to whole crowns. A detailed breakdown of the purchase price to the penny is always given when the Purchaser places an Order.
The original price means the price at which the Seller offered the goods in question without taking into account any possible bonuses, marketing campaigns to promote sales and other discount promotions on the online store operated by the Seller, or the price non-bindingly recommended by the manufacturer or distributor, whereby the price that better reflects the price level of the product in question on the market will always be displayed.
The Buyer acknowledges that there may be cases when the purchase contract between the Seller and the Buyer is not concluded, especially in the case when the Buyer orders goods at a price published in error due to an error in the Seller's internal information system. In such a case, the Seller undertakes to inform the Buyer of such fact.
The Seller reserves the right to declare the Purchase Contract null and void if there has been misuse of personal data, misuse of credit card, etc., or due to the intervention of an administrative or judicial authority; the Buyer shall be informed of such action immediately. The Buyer acknowledges that in the above cases the purchase contract cannot be validly concluded.
VIII. rights of defective performance
Goods are defective if they do not have the agreed characteristics or qualities specified in a generally binding legal regulation (hereinafter referred to as "Defective Goods"). Defective Goods shall also be deemed to be the performance of a different item than that agreed in the purchase contract or defects in the documents necessary for the use of the item.
The buyer's right from defective performance is based on the defect that the goods have when the risk of damage passes to the buyer, even if it becomes apparent later. The buyer's right shall also be established by a defect arising later which the seller has caused by a breach of his duty.
The buyer is obliged to inspect the goods as soon as possible after the risk of damage has passed to the goods and to satisfy himself as to their characteristics and quantity. The risk of damage passes to the buyer upon acceptance of the goods. The same consequence shall apply if the buyer does not take possession of the goods although the seller has allowed him to dispose of them.
Damage to the goods occurring after the risk of damage to the goods has passed to the buyer does not affect the buyer's obligation to pay the purchase price, unless the seller caused the damage by breaching his duty. The Buyer's delay in taking delivery of the goods shall entitle the Seller to sell the goods by appropriate means after giving the Buyer a reasonable additional period of time to take delivery of the goods, after giving notice to the Buyer's account. This also applies if the buyer is in default of payment, which is the handing over of the goods is conditional upon.
The seller shall be liable to the buyer that the goods are free from defects on receipt. In particular, the buyer is liable to the buyer that at the time the buyer took delivery of the goods: a)
has the characteristics agreed between the parties and, in the absence of agreement, such characteristics as the seller or the manufacturer has described or which the buyer expected in view of the nature of the goods or on the basis of advertising by them;
b)
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;
c)
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;
d)
the goods are in the appropriate quantity, measure or weight; and
e)
the goods comply with the requirements of the legislation.
If a defect appears within six months of receipt of the goods, the goods shall be deemed to have been defective on receipt.
Unless otherwise stated, the consumer shall be entitled to exercise the right to claim for a defect that occurs in the goods within twenty-four months of receipt, but this shall not apply to: a)
in the case of goods sold at a lower price, to the defect for which the lower price was agreed;
b)
wear and tear caused by the normal use of the goods;
c)
of used goods, to a defect corresponding to the degree of use or wear and tear which the goods had when received by the purchaser; or
d)
where the nature of the goods so requires.
The consumer acknowledges the fact that if gifts are provided with the goods, it is not possible to exercise the right of defect within 24 months. The consumer may only exercise defect rights in respect of such gifts within 14 days of the date of receipt of the goods. The entrepreneur is not entitled to claim defective performance rights in respect of gifts.
The buyer is not entitled to the right of defective performance if the buyer knew that the goods were defective before taking delivery or if the buyer caused the defect.
If the goods have a defect for which the seller is liable and the goods are sold at a lower price or are second-hand goods, the buyer is entitled to a reasonable discount instead of the right to have the goods replaced.
If the defective performance is a material breach of the contract of sale, the buyer has the right to: a)
to remedy the defect by supplying a new item without defect or by supplying a missing item;
b)
to remedy the defect by repairing the item;
c)
a reasonable discount on the purchase price; or
d)
withdraw from the contract.
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 shall not apply if the Buyer has requested the repair of a defect which proves to be irreparable. If the seller fails to remedy the defects within a reasonable period of time or notifies the buyer that he will not remedy the defects, the buyer may demand a reasonable discount on the purchase price in lieu of remedying the defects or may withdraw from the purchase contract.
If the buyer fails to exercise his right in time, he shall have the rights as in the case of an insubstantial breach of contract. If the defective performance is an insubstantial breach of contract, the buyer has the right to have the defect removed or to a reasonable discount on the purchase price. The consumer is also entitled to a reasonable discount if the seller is unable to supply him with new goods without defects, to replace a part of the goods or to repair the goods, as well as if the seller fails to remedy the defect within a reasonable time or if remedying the defect would would cause the consumer considerable difficulty.
As long as the buyer does not exercise the right to a discount on the purchase price or does not withdraw from the purchase contract, the seller may supply what is missing or remedy the legal defect. The seller may remedy other defects at his option by repairing the item or supplying a new item; the choice must not impose unreasonable costs on the buyer.
If the seller fails or refuses to remedy the defect in the goods in a timely manner, the buyer may demand a reduction in the purchase price or may withdraw from the contract. The buyer cannot change the choice made without the seller's consent.
The buyer may not withdraw from the purchase contract or request delivery of new goods if the goods cannot be returned in the condition in which they were received. This does not apply, a)
if the condition has changed as a result of an inspection to discover a defect in the goods;
b)
if the buyer used the goods before the defect was discovered;
c)
if the buyer has not caused the impossibility of returning the goods in their unaltered condition by act or omission; or
d)
if the buyer sold the goods before the defect was discovered, consumed the goods or altered the goods in the ordinary course of use; if this has happened only in part, the buyer shall return to the seller what he can still return and shall compensate the seller to the extent that he has benefited from the use of the goods.
If the buyer has not notified the defect in time, he loses the right to withdraw from the contract of sale.
If the goods do not have the characteristics set out in the provisions of Article 2161 of the Civil Code, the buyer may also demand the delivery of new goods without defects, unless this is unreasonable in view of the nature of the defect, but if the defect relates only to 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 of sale. 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.
If the buyer so requests, the seller shall confirm to the buyer in writing to what extent and for how long his obligations in the event of defective performance shall continue. If the nature of the goods does not prevent this, the confirmation may be replaced by a proof of purchase containing the above information.
If the buyer exercises a right arising from defective performance, the seller shall confirm to him in writing when he exercised the right, as well as the repair and the duration of the repair.
If the buyer has not notified the defect without undue delay after he could have discovered it by timely inspection and due diligence, the court shall not grant him the right of defective performance. In the case of a latent defect, the same shall apply if the defect was not notified without undue delay after the buyer could have discovered it with reasonable diligence, but not later than two years after the goods were handed over.
The buyer is also entitled to delivery of new goods or 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 purchase contract.
The goods must not be transported other than standing upright, as the goods contain components filled with oil, which, if otherwise handled, could enter the cooling circuit and thus irreparably damage the goods. The buyer is obliged to hand over the goods clean in accordance with the hygiene regulations and general hygiene principles, including all components and accessories, when making a claim.
The buyer shall enclose with the goods a copy of the proof of purchase and payment for the goods, proof of the warranty provided for the goods, a detailed description of the defect and sufficient contact details of the buyer (especially return address and telephone number). Without the above, it is impossible to identify the origin and the defect of the goods.
If the purchase of the goods by the seller is not proven, the seller is not obliged to accept the claim.
The buyer undertakes to provide assistance to the seller in the event of a complaint. In the event that insufficient documentation or information is provided to assess the claim, the Seller shall inform the Buyer of the need to provide further documentation or information without undue delay after the Buyer has made the claim. In the event that the Buyer fails to provide the required documentation and cooperation to the Seller, the Seller will not be able to properly assess the claim or to decide on the claim. During the period of the Buyer's delay in supplying the missing documents, the Seller's time limits for the decision and settlement of the complaint set out by law and these Complaints Regulations shall not apply.
Complained goods sent by the Buyer on delivery will not be accepted by the Seller. The Seller recommends to insure the carriage of the returned goods. The Seller shall issue the Buyer with a written confirmation of when the claim was made, what is its content, what method of settlement of the claim is required, by e-mail immediately after receipt of the claim, in the case of a personal claim, the written confirmation is issued immediately.
The buyer is aware that if he/she fails to deliver the goods claimed, including all accessories received, then in the event of the buyer's withdrawal from the purchase contract, the purchase price will be refunded to the buyer less the price of the undelivered accessories.
Goods submitted for complaint will only be tested for the defect that is indicated by the buyer (in the complaint form, in the attached defect description sheet).
By breaking the protective seal, informative sticker or serial number, the buyer runs the risk of the claim being rejected.
Furthermore, neither the rights of defective performance nor the warranty shall apply to damage caused by: a)
Mechanical damage to the goods;
b)
electrical surges (visibly burnt components or circuit boards) except for normal deviations;
c)
use of the goods in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical environment directly intended by the seller or manufacturer;
d)
improper installation, handling, operation, or neglect of the goods;
e)
damage caused by excessive loading or use contrary to the conditions stated in the documentation or general principles;
f)
by unqualified intervention or alteration of parameters;
g)
on goods that have been modified by the customer (painting, bending, etc.), if the defect has arisen as a result of such modification;
h)
Damage by the elements of nature or force majeure;
i)
the use of incorrect or non-original consumables, nor for any damage resulting therefrom, unless such use is customary and has been excluded in the enclosed instructions for use.
These limitations do not apply if the features of the goods which are contrary to the above conditions have been expressly agreed, exchanged or declared by the buyer and the seller, or can be expected in view of the advertising carried out or the usual manner of use of the goods.
The Seller does not warrant the full compatibility of the Goods with other Goods unless such other Goods have been approved by the Seller or the functionality of which has not been expressly requested by the Buyer in the written order, unless such compatibility is usual for similar Goods and the Goods have been expressly stated by the Seller to be compatible only with or incompatible only with the specified list.
The Seller shall have the right to refuse to accept goods for complaint in cases where the goods and/or parts thereof complained of are contaminated or do not meet the basic requirements for hygienically safe submission of the goods for complaint.
The Seller shall settle the consumer's complaint, including the removal of the defect, without undue delay, no later than 30 days from the date of the complaint.
If the Buyer is a business, the Seller undertakes to decide on the complaint and to settle the complaint including the removal of the defect within 60 days from the date of the complaint.
The buyer is informed of the settlement of the complaint by e-mail or telephone, at which point the complaint is deemed to be settled. The Seller shall issue the Buyer with a written confirmation of the date and manner of settlement of the claim, including confirmation of the repair and the duration of the claim, or the reasons for rejecting the claim.
When issuing the goods or refunding the credit note in cash after the claim has been settled, the Buyer shall be obliged to present the original document on the basis of which the item was accepted for claim and shall prove his/her identity with a valid identity document (ID card, passport), in order to prevent damage and to prevent the laundering of proceeds of crime. Without the presentation of one of these documents, the seller or his contractual partner may refuse to deliver the goods or to issue a credit note. In the event of a successful claim, the consumer is entitled to reimbursement of the costs reasonably incurred in pursuing a legitimate claim. These costs are understood to be the minimum necessary, in particular the postage costs for sending the goods to be claimed. These costs may not include car travel for the claim and express transport and other similar costs. Reimbursement of costs must be requested without undue delay, but no later than 1 month after the end of the period for exercising the rights arising from the defective performance. If the claim is rejected, the costs of the claim (e.g. postage, shipping costs) shall be borne by the purchaser.
The buyer is obliged to check the goods received and their compliance with the dispatch protocol of the claim. The buyer shall also check the completeness of the goods, in particular that the packaging contains everything it should contain. Later objections will no longer be taken into account.
The Buyer is obliged to accept the claim without undue delay, at the latest within 30 days from the date on which he was informed of its settlement, this period cannot expire earlier than 60 days from the date of the claim. If the complaint is not accepted by the Buyer no later than the last day of the deadline, the Seller will be charged a storage fee of 50,- CZK including VAT for each day of delay. If the buyer does not collect the goods from the settled complaint within 4 months from the date on which he was informed of the settlement, the seller reserves the right to sell the goods and use the proceeds to pay the storage fee.
If the claim is rejected and if the buyer agrees to pay for the repair, the repair will be charged according to the current price list of the authorised repairer in question.
Prior to making a paid repair, the Buyer will be informed of the cost of the repair, the extent of the repair and the time required to carry it out, and the repair will be carried out within 60 days of the day following the Seller's receipt of the goods complained of. The paid repair can only be carried out after the Buyer's express consent (or on the basis of a service contract), made after being informed according to the previous sentence.
If the Buyer is not a consumer and if the claim is rejected, the Buyer acknowledges that the Seller is entitled to overcharge the Buyer for the costs of the authorized service for the diagnosis of the defect and transport according to the price list of the authorized service.
IX. QUALITY WARRANTY
The goods shall be warranted in accordance with the warranty conditions and time limits specified in the warranty card of each product. The warranty period shall run from the date of handover of the goods to the buyer or from the date specified in the warranty card, if specified therein. 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.
The seller does not give a guarantee of quality to a buyer who is not a consumer unless expressly agreed between the seller and the buyer.
X. BUYER'S WITHDRAWAL FROM THE PURCHASE AGREEMENT
In accordance with the provisions of Section 1829(1) of the Civil Code, the consumer has the right to withdraw from the purchase contract without giving any reason within 14 days, provided that the purchase contract was concluded outside the business premises of the entrepreneur. Withdrawal from the purchase contract pursuant to this paragraph cancels the purchase contract from the outset.
The withdrawal period shall run from the date of receipt of the goods (in the case of a contract of sale involving several types of goods or the delivery of several parts, from the date of receipt of the last delivery of the goods; in the case of a contract of sale involving regular repeated delivery of the goods, from the date of receipt of the first delivery of the goods).
The Seller shall allow the Consumer to withdraw from the Purchase Contract by completing and sending the model form for withdrawal from the Purchase Contract, which is attached as Annex 1 to these GTC (hereinafter referred to as the "Withdrawal Notice"). Upon receipt of the Withdrawal Notice, the Seller shall confirm its receipt to the Consumer without undue delay and in text form. If the right of withdrawal is exercised, the withdrawal period shall be deemed to be maintained if, during the withdrawal period the notice of withdrawal is sent to the seller's e-mail address:
webshop@mctree.cz
or by correspondence to
Mc TREE a.s.
Boleslavská 1391
25001 Brandýs nad Labem-Stará Boleslav
Czech Republic
If the consumer withdraws from the purchase contract, he/she shall send or hand over to the seller the goods received from him/her without undue delay, not later than within 14 days from the withdrawal from the purchase contract. The goods must be returned to the seller undamaged and unworn, packed and sufficiently protected against damage, preferably in the same way as when they were delivered. The buyer shall bear the direct costs of returning the goods.
The Buyer shall be liable for any diminution in the value of the goods resulting from handling them in a manner different from that required by their nature and characteristics. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partially consumed, the Seller shall be entitled to compensation from the Buyer. The Seller may unilaterally set off the claim for payment of damages against the Buyer's claim for reimbursement of the purchase price.
If the consumer withdraws from the purchase contract, the seller shall reimburse the consumer in the same manner without undue delay, but no later than 14 days after the withdrawal from the purchase contract, all monies, including delivery costs, received from the consumer under the purchase contract. The seller shall only reimburse the consumer the funds received in another way if the consumer has agreed to this and if no additional costs are incurred. If the consumer has chosen other than the cheapest method of delivery offered by the seller, the seller shall refund the cost of delivery to the consumer in an amount corresponding to the cheapest method of delivery offered.
If a buyer who is not a consumer withdraws from the purchase contract, the seller shall refund the purchase price without undue delay.
The seller is not obliged to return the funds received to the buyer before the goods are returned to the buyer. In the case of a consumer, it shall be sufficient to prove that he has sent the goods to the seller. In the event of the consumer's withdrawal from the contract of sale, the consumer shall bear the risk of damage to the goods for the period from the receipt of the goods from the carrier until the goods are taken back by the seller.
If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the consumer withdraws from the purchase contract, the gift contract shall cease to be effective in respect of such gift and the buyer shall be obliged to return the gift to the seller together with the goods. In the event that the gift is not returned, it will be treated as unjust enrichment of the buyer. If the release of the object of unjust enrichment is not well possible, the seller shall be entitled to monetary compensation in the amount of the normal price.
In accordance with the provisions of Section 1837 of the Civil Code, the consumer cannot withdraw from the purchase contract, inter alia, in the case of contracts: a)
for the provision of services, if they have been performed with the consumer's prior express consent before the expiry of the withdrawal period and the entrepreneur has informed the consumer before the conclusion of the contract that in such a case he has no right to withdraw from the contract;
b)
on the supply of goods or services the price of which depends on financial market fluctuations independent of the entrepreneur's will and which may occur during the withdrawal period;
c)
on the supply of goods which have been adapted to the consumer's wishes or for his person;
d)
the supply of perishable goods and goods which have been irretrievably mixed with other goods after delivery;
e)
for repairs or maintenance carried out at a place designated by the consumer at his request; however, this shall not apply in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested;
f)
the delivery of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons;
g)
the supply of newspapers, periodicals or magazines;
h)
on transport, provided that the entrepreneur provides such supplies within the specified time.
In the case of a buyer who is not a consumer, withdrawal from the purchase contract shall be governed by the relevant provisions of the Civil Code.
XI. GUIDELINES FOR RETURN OF GOODS IN CASE OF WITHDRAWAL FROM THE PURCHASE CONTRACT
The buyer is obliged to send the goods to the seller's address: Mc TREE a.s., Osenice 66, 507 24 Dětenice. The Buyer is obliged to pack the goods in packaging that will sufficiently protect them from damage, if possible, preferably in the original packaging. The goods must not be transported other than standing upright, as the goods contain components filled with oil, which, if handled in any other way, could get into the cooling circuit and thus irreparably damage the goods.
The goods must be returned clean and complete, including all parts and accessories. In the event that the Seller discovers that any part or accessory of the goods is missing, the Buyer will be required to return it immediately. Until the goods have been returned complete by the Buyer, the Seller reserves the right to withhold a portion of the purchase price equal to the value of the unreturned part or accessory, unless the Buyer, who is a consumer, proves that he has sent the complete goods. The retention of part of the purchase price of the purchase price shall be notified to the buyer together with the notice of return.
The buyer shall enclose with the goods a copy of the proof of purchase and payment for the goods. The consumer has the right to prove the purchase of the goods to the seller in other ways, however the seller recommends to attach the above mentioned documents. In the event that the purchase of the goods from the seller is not proven, the seller is not obliged to accept the withdrawal.
Returned goods sent by the buyer on COD will not be accepted by the seller. The Seller recommends that the return goods are insured for carriage.
XII. OTHER PROVISIONS
The Buyer is aware that the purchase of the goods from the Seller does not give rise to any rights of non-use of industrial or intellectual property, in particular trademarks, patents, registered brands, trade names and company logos of the products.
The Buyer acknowledges and agrees that all communications to be made under these GTC or the Purchase Agreement by email shall be sent by the Seller to the email address or postal address specified by the Buyer in the Order.
XIII. SECURITY AND PROTECTION OF PERSONAL DATA
The Buyer acknowledges that the Buyer's personal data provided by the Buyer to the Seller may be subject to processing of personal data within the meaning of Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 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 (hereinafter referred to as the "Data Protection Regulation").
The scope and manner of processing of personal data of buyers by the seller is described in more detail in Annex 2 to these GTC (hereinafter referred to as "information provided by the data controller"). Information
provided by the data controller forms an integral part of these GTC. By submitting an Order, the Buyer confirms that he/she has read the information provided by the Data Controller in its entirety before entering into the Purchase Agreement.
In the event that the Buyer has given / gives consent to this within the meaning of Article 6(1)(a) of the Data Protection Regulation, the Buyer's personal data may also be processed in connection with the marketing actions of the Seller and/or the Seller's contractual partners (marketing actions and the Buyer's consent thereto also include the sending of commercial communications by electronic means) and/or in connection with the verification of creditworthiness, trustworthiness and/or payment the Buyer's creditworthiness. The Buyer grants its consent, if any, as part of the process of preparing and submitting an Order. Personal data processed solely on the basis of the Buyer's consent will only be processed for as long as the said consent is valid. The scope and manner of processing of personal data with the consent of the Buyer shall otherwise be governed by and based on the information provided by the data controller.
Furthermore, the Seller may process "cookies" when consent is given, in order to facilitate the provision of information society services, in accordance with the provisions of Directive 95/46/EC on the purpose of "cookies" or similar tools, and it is ensured that the Buyers are aware of the information that is stored on the end device they use, the Buyers have the option to refuse that "cookies" or similar tools are stored on their end devices, e.g. by running in their anonymous browsing functionality on their browser.
XIV. FINAL PROVISIONS
By submitting an Order via the online shop, the Buyer accepts without reservation all the provisions of these GTC including the annexes and agrees to them.
All legal relations between the Buyer and the Seller and any disputes between them shall be governed by the law of the Czech Republic and shall be settled before the competent courts of the Czech Republic. Under the Consumer Protection Act, the consumer has the right to an out-of-court settlement of a consumer dispute arising from a contract of sale or a contract for the provision of services (hereinafter referred to as a "consumer dispute"). The Czech Trade Inspectorate is the entity responsible for the out-of-court settlement of consumer disputes (ADR) in the Czech Republic, with Štěpánská 567/15, 120 00 Prague 2, ID:000 20 869, Internet address:
www.coi.cz
These GTC, including their components, are valid and effective from 15.7.2019 and cancel the previous version of the GTC, including their components, and are available at the registered office and premises of the Seller or electronically at the Internet address:
www.lord.eu
The following annexes form an integral part of these GTC:
Annex No. 1: Sample form for withdrawal from the purchase contract by the consumer Annex No. 2: Information provided by the data controller
Basic contacts: Mc TREE a.s. Živanická 26
190 17 Prague 9
Delivery address:
Mc TREE a.s.
Boleslavská 1391
25001 Brandýs nad Labem-Stará Boleslav
Czech Republic
Tel: +420 724 147 096
E-mail: prodejna@mctree.cz
Authorised service: Monday to Friday: 8am to 4pm. Tel:
+420 725 781 964
E-mail: info@awservice.cz
Contact details for communication with consumers: Monday to Friday: 9 am to 6 pm.
Tel: +420 724 147 096
E-mail: prodejna@lord.eu
E-mail: prodejna@mctree.cz
Account Number: 5011105919/5500
For a list of used product take-back locations, please visit:
www.elektrowin.cz/cs/obce-a-sberne-dvory/seznam-mist-zpetneho-odberu.html