The company RAWAT consulting s.r.o.
with its registered office at Kunešova 255/3, 643 00 Brno
identification number: 29215226
registered in the Commercial Register, maintained by the Regional Court in Brno, Section C, Insert 66360 for the sale of goods via an on-line store located at the internet address https://www.rawat.cz/
1. Initial provisions
1.1. These Terms and Conditions (hereinafter the "Terms and Conditions") of RAWAT consulting s.r.o., with its registered office at Kunešova 255/, 643 00 Brno, identification number: 29215226, (hereinafter the "Seller“) regulate, in accordance with Section § 1751 par. 1 of Act No. 89/2012 Coll., Civil Code (hereinafter the “Civil Code”), mutual rights and obligations of contracting parties arising in relation to or on the basis of a purchase agreement (hereinafter the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter the “Buyer”) via an internet e-shop of the Seller. The internet shop is operated by the Seller on the website located at the internet address https://www.rawat.cz/ (hereinafter the “Website”), via the interface of the website (hereinafter the “Website Interface of the Shop”).
1.2. Terms and conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or person acting in ordering goods within his business or in its separate profession.
1.3. Any provisions differing from the Terms and Conditions may be arranged in the Purchase Agreement. Any such differing provisions of the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.
1.4. The wording of the Terms and Conditions may be modified or amended by the Seller. This provision shall not in any way affect the rights and obligations which had arisen during the validity of the previous wording of the Terms and Conditions.
2. User's account
2.1. On the basis of the registration of the Buyer performed on the website, the Buyer can access his user’s interface. In its user’s interface, the Buyer can perform orders of goods (hereinafter the “User’s Account”). The Buyer may perform orders also without the registration directly on the Website Interface of the Shop.
2.2. When registering to the website and ordering goods, the Buyer is obliged to provide all information in a correct and true manner. The data included in the User’s Account shall be updated by the Buyer in the case of any change. The data included in the User’s Account by the Buyer at the moment of placing the order is considered to be correct.
2.3. The access to the User’s Account is secured by the user name and the password. The Buyer is obliged to maintain confidentiality in relation to information necessary to access his
2.4. The Buyer is not entitled to enable any third parties to use the User’s.
2.5. The Seller is entitled to delete the User’s Account, particularly if the Buyer doesn’t use the content for more than 2 years or if the Buyer violates his obligations arising from the Purchase Agreement (including the Terms and Conditions).
2.6. The Buyer acknowledges that the User’s Account may not be accessible nonstop, especially with regard to necessary maintenance of the Seller’s hardware and software equipment or necessary maintenance of the hardware and software equipment of third parties.
3. Conclusion of the Purchase Agreement
3.1. All promotion of goods placed in the Website Interface of the Shop shall be of informative nature, and the Seller is not obliged to enter into the Purchase Agreement on these goods. The provision of Section 1732 par. 2 of the Civil Code shall not apply.
3.2. The Website Interface of the Shop contains information of goods offered by the Seller for sale, including the provision of prices of individual offered goods. The prices of the goods are provided including the value added tax and all related fees concerning the goods. The prices for these goods remain valid for the period during which they are displayed in the Website Interface of the Shop. This provision shall not affect the entitlement of the Seller to conclude the Purchase Agreement under individually negotiated conditions.
3.3. The Website Interface of the Shop also includes information regarding the expenses associated with the packaging and delivery of the goods. The information regarding the expenses associated with the packaging and delivery of the goods specified in the Website Interface of the Shop is only valid if the goods are delivered within the territory of the Czech Republic.
3.4. In order to order the goods, the Buyer shall complete an order form in the Web Interface of the Shop. The order form contains especially the following information:
3.4.1. ordered goods (the ordered goods shall be "placed" by the Buyer into an electronic shopping cart of the Website Interface of the Shop,
3.4.2. manner of paying the purchase price for the goods, data regarding the required manner of delivery of the ordered goods, and
3.4.3. information regarding the expanses connected with the delivery of goods (hereinafter collectively the "Order".)
3.5. Before submitting the Order to the Seller, the Buyer is entitled to review and change the data which were inserted into the Order by the Buyer, also with the opportunity for the Buyer to identify and correct errors which occurred when inserting the data into the Order. The Buyer will submit the Order to the Seller by clicking on the button “Confirm the Order”. The Seller considers the data included in the Order to be correct. Upon receiving the Order, the Seller shall instantly confirm the delivery of the Order to the Buyer via electronic mail, namely to the address of the electronic post of the Buyer specified in the user interface or in the Order (hereinafter the “Electronic Address of the Buyer”).
3.6. Depending on the character of the Order (number of goods, amount of the purchase price, expected expenses for the transport), the Seller is always entitles to request that the Buyer further confirms his Order (e.g. in writing or by phone).
3.7. The contractual relationship between the Seller and the Buyer commences by the delivery of the Order confirmation (acceptance) that is sent by the Seller to the Buyer via electronic post, namely to the Electronic Address of the Buyer.
3.8. The Buyer consents to the use of means of distant communication when concluding the Purchase Agreement. Any expenses incurred by the Buyer when using the means of distant communication in connection with entering into the Purchase Agreement (costs for the internet connection or phone calls) shall be paid by the Buyer and the rates do not differ from usual rates.
4. Price of the goods and payments terms
4.1. The price of the goods and potential expenses for the delivery of the goods in accordance with the Purchase Agreement may be paid to the Seller in any of the following manners:
in cash (depending on the nature of goods and the agreement - at registered office of RAWAT consulting s.r.o., Kunešova 255/3, 643 00 Brno;
in cash on delivery at the location specified by the Buyer in the Order;
4.2. Together with the purchase price, the Buyer is also obliged to pay to the Seller the expenses connected with the packaging and delivery of the goods in the contracted amount.
4.3. In the case of payment in cash or in cash on delivery, the purchase price is payable during the handover of goods.
4.4. Particularly if the Order is not additionally confirmed by the Buyer (Article 3.6), the Seller is entitled to demand the Buyer pays the entire purchase price prior to the Seller dispatching the goods. The provision of Section 2119 par. 1 of the Civil Code shall not apply.
4.5. Discounts on the goods provided to the Buyer by the Seller cannot be combined.
4.6. If it is customary in trade relations or if so provided by generally binding legislation, the Seller shall issue a tax document – an invoice to the Buyer regarding the payments performed on the basis of the Purchase Agreement. The Seller is a value added tax payer.
5. Withdrawal from the Purchase Agreement
5.1. The Buyer acknowledges that pursuant to Section 1837 of the Civil Code, it is not allowed to withdraw from a purchase agreement on the delivery of goods which had been adjusted according to the wishes of the consumer or for his person and from a purchase agreement regarding to goods that were irretrievably mixed with other goods after delivery.
5.2. Unless Article 5.1 applies or another case when withdrawing from the Purchase Agreement is prohibited, the Buyer is in accordance with Section 1829 par. 1 of the Civil Code entitled to withdraw from the Purchase Agreement within fourteen (14) days upon taking over the goods, while if the subject of the Purchase Agreement consists in several types of goods or this is a delivery of several parts, such a period shall commence on the date of taking over the last delivery of the goods. The withdrawal from the Purchase Agreement shall be sent to the Seller within the period specified in the previous sentence. To withdraw from the Purchase Agreement, the Buyer may also use a sample form provided by the Seller, which forms an annex to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Agreement, inter alia, to the address of the Seller's registered office or to the Seller's e-mail address (firstname.lastname@example.org).
5.3. In the case of withdrawal from the Purchase Agreement under Article 5.2 of the Terms and Conditions, the Purchase Agreement is cancelled since the beginning. The Buyer shall return the goods to the Seller within fourteen (14) days upon the withdrawal from the Purchase Agreement. If the Buyer withdraws from the Purchase Agreement, the expenses for the return of the goods to the Seller shall be borne by the Buyer, which also applies to cases when the goods cannot be returned via regular post due to its nature.
5.4. In the case of withdrawal from the Purchase Agreement under Article 5.2 of the Terms and Conditions, the Seller shall return the financial means received from the Buyer to the Buyer in the form of a bank transfer to an account specified by the Buyer within fourteen (14) days upon the withdrawal from the Purchase Agreement. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the financial means to him until the Buyer returns the goods or proves that he had dispatched the goods.
5.5. The Seller is entitled to unilaterally off-set the claim to the compensation for damage against the Buyer’s claim to the return of purchase price.
5.6. Until the moment the Buyer takes over the goods, the Seller is entitled to withdraw from the Purchase Agreement at any moment unilaterally. In such a case, the Seller shall return the purchase price to the Buyer without undue delay in the form of a bank transfer to an account specified by the Buyer.
5.7. If the Buyer is provided with a gift accompanying the goods, the deed of gift between the Seller and the Buyer is concluded with a subsequent condition that if the Buyer withdraws from the Purchase Agreement, then the deed of gift regarding such gift expires and the Buyer is obliged to return the provided gift to the Seller together with the goods.
6. Transport and delivery of the goods
6.1. In the case that the manner of transportation was negotiated on the basis of a specific Buyer's request, the Buyer undertakes the risk and shall pay any potential additional costs associated with this manner of transport.
6.2. If the Seller is obliged to deliver the goods under the Purchase Agreement to a location specified by the Buyer in the Order, the Buyer is obliged to take over the goods on delivery.
6.3. In the case that the goods had to be delivered repeatedly or in a different manner than specified in the Order due to reasons on the part of the Buyer, the Buyer is obliged to pay any expenses associated with the repeated delivery of the goods, or expenses associated with a different manner of delivery.
6.4. When taking over the goods from the carrier, the Buyer is obliged to inspect the integrity of the packaging of the goods and to inform the carrier instantly in the case of any defects. In the event of identifying a damage of packaging indicative of unauthorized intrusion into the consignment, the Buyer is not obliged to take over the consignment.
6.5. Additional rights and duties of the contracting parties regarding the transport of the goods may be regulated by special delivery terms of the Seller if there are any.
7. Liability for defects
7.1. The rights and duties of the Contracting Parties in relation to the liability for defects are governed by generally binding legislation (especially Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The Seller is responsible for the fact that the goods are without any defects as of the moment of the takeover. Particularly, the Seller is responsible for the fact that at the moment when the Buyer took over the goods:
7.2.1. the goods display characteristics which the contracting parties have agreed upon, and if there is no such arrangement, the goods display such characteristics which the Seller or the manufacturer had described or which the Buyer was entitled to expect given the nature of the goods and on the basis of the manner in which the Seller or the manufacturer had advertised the goods,
7.2.2. the goods are suitable for the purpose which had been specified by the Seller for the given goods or for the purpose for which the given type of goods is usually used,
7.2.3. the goods correspond by their quality and execution to the negotiated sample or model, provided that the quality or execution were specified on the basis of a sample or model,
7.2.4. the goods are delivered in a corresponding amount, size or weight, and
7.2.5. the goods correspond to the requirements of law.
7.3. The provisions specified in Article 7.2 of these Terms and Conditions shall not apply to goods sold for a lower price due to a defect for which the lower price had been negotiated, for the wear and tear suffered by the goods due to its usual usage, and in the case of already used goods, for a defect which corresponds to the degree of use or wear and tear which had been present at the moment when the Buyer took over the goods, or if it results from the nature of the goods.
7.4. If the defect manifests itself in the course of six months after the takeover, it is presumed that the goods were defected already at the moment of the takeover.
7.5. The claims arising from defected performance shall be exercises with the Seller by the buyer at the Seller’s business premises, which may accept the official claim with regard to the range of goods. The moment of exercising the official claim shall represent the moment when the Seller received the reclaimed goods from the Buyer.
7.6. Further rights and duties related to the Seller’s liability for defects may be governed by the Seller’s reclaim rules.
8. Further rights and obligations of contracting parties
8.1. The Buyer acquired the ownership of the goods at the moment of paying the entire purchase price of the goods.
8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of the provisions of Section 1826 par. 1 letter e) of the Civil Code.
8.3. Out-of-court settlements of consumer complaints shall be handled via electronic address email@example.com. The information of the settlement of the complaint shall be sent to the Buyer by the Seller to the Buyer's email address.
8.4. The Seller is entitled to sell goods on the basis of a trade license. The supervision in the matters of trade licenses is carried out by the relevant Trade Licensing Office. The supervision in the matters of personal data protection is carried out by the Personal Data Protection Office. The supervision in the relevant matters of compliance with Act No. 634/1992 Coll., on consumer protection, as amended, is carried out by the Czech Trade Inspection.
8.5. The Buyer hereby assumes the risk of changes in circumstances within the meaning of Section 1765 par. 2 of the Civil Code.
9. Protection of personal data
10. Final provisions
10.1. If a relationship arising from the Purchase Agreement contains an international (foreign) element, the Parties agree that the relationship shall be governed by Czech law. This arrangement does not affect any rights of a consumer arising from generally binding legislation.
10.2. Should any provision of these Terms and Conditions be or become invalid or ineffective, a provision, whose meaning is the closest to the invalid or ineffective provision, shall replace it. Invalidity or ineffectiveness of a single provision shall not affect the validity or effectiveness of the rest of provisions. Any changes or amendments of the Purchase Agreement or the Terms and Conditions shall be carried out in writing.
10.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and it is not accessible.
10.4. The sample form for the withdrawal from the Purchase Agreement in regard to the right to withdraw from the Purchase Agreement form in 14 days annexes to these Terms and Conditions.
10.5. Contact information of the Seller: correspondence address: RAWAT consulting s.r.o., Kunešova 255/3, 643 00 Brno, electronic address: firstname.lastname@example.org, phone No.: +420 513 033 952.
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